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Patna High Court

Vijay Kumar SinhaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court held that the application under Section 482 CrPC is to be disposed of as the proceedings have become infructuous.

Summary

Vijay Kumar Sinha filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 18 March 2016 passed by the Judicial Magistrate First Class, Patna. The order had taken cognizance of offences under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The petitioner contended that the proceedings had become infructuous and should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the prayer. The Court examined the submissions and held that, since the matter was no longer capable of further litigation, the application could be disposed of as infructuous. Accordingly, the Court disposed of the criminal miscellaneous application.

Issues considered

  • Whether the criminal proceeding can be quashed under Section 482 of the CrPC on the ground that it has become infructuous?

Legislation cited

Subjects

  • criminal procedure
  • Section 482
  • quash
  • infructuous
  • cognizance
  • IPC 420
  • Negotiable Instruments Act 138

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42453 of 2016
                 Arising Out of PS. Case No.-4240 Year-2015 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Vijay Kumar Sinha Son of Krishna Kumar Sinha Resident of Shiv Mandir
                 House, Ashok Nagar, Road No. 14 A, P.S. Kankarbagh, District - Patna

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Shiv Sao Son of Late Hanuman Sao Resident of Mohalla Ram Lakhan Path,
                 P.S. Kankarbagh, District – Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Madhuri Lata, Advocate.
                 For the Opposite Party/s :     Mr. Anant Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   18.03.2016 passed by learned J.M. 1st Class, Patna in connection

                   with Complaint Case No.4240(c) of 2015 by which cognizance

                   under Section 420 of the I.P.C. and Section 138 of the N.I. has

                   been taken against the petitioner.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of as it has become infructuous.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.
              Patna High Court CR. MISC. No.42453 of 2016(2) dt.05-05-2026
                                                          2/2




                                     5. Considering the submissions of learned counsels

                        for the parties, the present Cr. Misc. Application stands disposed

                        of as it has become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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