Patna High Court
Vivekanand MishraversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as infructuous, resulting in the quashing of the lower court's order.
Summary
The petitioner, Vivekanand Mishra, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 06-07-2017 passed by the Chief Judicial Magistrate, Gaya, which had taken cognizance of offences under Sections 406 and 420 of the Indian Penal Code against him. The petitioner argued that the proceedings had become infructuous and should be dismissed. The State of Bihar, as the opposite party, raised no objection to the petition. Both parties' counsel appeared before the Patna High Court. The Court, after noting the submissions, held that the matter was indeed infructuous and disposed of the petition accordingly. Consequently, the order of the lower court was effectively set aside and the case was closed.
Issues considered
- Whether the order of the Chief Judicial Magistrate taking cognizance under IPC Sections 406 and 420 can be quashed on the ground that the proceedings have become infructuous?
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- Criminal Procedure Code
- Section 482
- Quash petition
- Infructuous proceedings
- IPC 406
- IPC 420
- Petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43389 of 2018
Arising Out of PS. Case No.-420 Year-2015 Thana- BODHGAYA District- Gaya
======================================================
Vivekanand Mishra son of Late Ramapati Mishra resident of Village-
Bakraur, Police Station- Bodh Gaya, District Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bachchi Devi wife of Shivnath Prasad @ Bhola @ Bhola Prasad, resident of
Village- Pani Tanki, Bodh Gaya, P.O. and P.S. Bodh Gaya, District- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 26-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This petition has been filed for quashing the order
dated 06.07.2017 passed by learned learned Chief Judicial
Magistrate, Gaya in TR-739 of 2018, arising out of Bodh Gaya
P.S. Case No. 187 of 2016, whereby and whereunder the Court
concerned took cognizance u/s 406, 420 of the Indian Penal
Code 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.43389 of 2018(3) dt.26-03-2026
2/2
5. In view of the submissions of learned counsel for
the parties, this case stands disposed of as it has become
infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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