Created by Fuzzy Cloud

Patna High Court

Jay Jay Ram Ray and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition under Section 482 CrPC is dismissed as infructuous because the trial is at an advanced stage.

Summary

The petitioners, three brothers, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 5 June 2018 that had taken cognizance of offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(1)(ii) and 41 of the Bihar Prohibition and Excise Act. The trial court had framed charges on 14 September 2018 and examined three witnesses, indicating that the trial was at an advanced stage. The State argued that the petition had become infructuous because the trial was ongoing. The High Court, after considering the trial court’s status report and the parties’ submissions, held that the petition could not be entertained as the proceedings were already in progress. Consequently, the petition was disposed of without granting any relief.

Issues considered

  • Whether the petition under Section 482 CrPC seeking to quash the taking of cognizance is maintainable when the trial is already underway

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Petition
  • Excise Law
  • Infructuous Petition
  • Trial Stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39912 of 2018
                     Arising Out of PS. Case No.-37 Year-2018 Thana- HASANPUR District- Samastipur
                 ======================================================
           1.     Jay Jay Ram Ray S/o Gango Ray
           2.    Sita Ram Ray S/o Gango Ray
           3.    Sonu Kumar @ Sonu Kumar Ray S/o Jay Jay Ram Ray R/o Vill.- Dewadh,
                 P.S. - Hasanpur, Dist - Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sri Ajay Kumar -2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   23-03-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order 05.06.2018 passed by the

                   learned Addl. Seesions Judge-VI Cum Special Judge Excise,

                   Samastipur in Hasanpur P.S. Case No. 37 of 2018 by which

                   cognizance was taken against the petitioners for the offences

                   under Sections 272, 273 of the I.P.C. and Sections 30(a), 38(1)

                   (ii) & 41 of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that the

                   trial of the case is going on and at this stage this case may be

                   disposed of.
              Patna High Court CR. MISC. No.39912 of 2018(3) dt.23-03-2026
                                                          2/2




                                     4. From the status report received from the Court

                        concerned, it appears that charge was framed on 14.09.2018 and

                        three witnesses were examined.

                                     5. Learned A.P.P. for the State submits that the trial of

                        the case is at advance stage and now this petition has become

                        infructuous.

                                     6. Considering the report of the learned Trial Court as

                        well as submissions of the learned counsels for the parties, the

                        present case is disposed of.



                                                (Sunil Dutta Mishra, J.)
rakhi/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.