Patna High Court
A. P. MishraversusThe State Of Bihar Through The Bihar Vigilance Investigation Bureau, 6 Circular Road, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the application as infructuous, refusing to quash the order.
Summary
The petitioner, A.P. Mishra, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 23 July 2014 passed by the Special Judge Vigilance, Muzaffarpur. The order had taken cognizance of offences under Sections 409, 420, 465, 467, 468, 471, 477(A), 120(B), 109 and 201 of the Indian Penal Code and Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner contended that the proceedings had become infructuous and therefore the order should be set aside. The State of Bihar, represented by the Bihar Vigilance Investigation Bureau, raised no objection to the prayer. The Court, after hearing counsel, held that the application was indeed infructuous and disposed of it without quashing the original order. Consequently, the petition was dismissed and the earlier order remains in force.
Issues considered
- Whether the criminal miscellaneous application under Section 482 CrPC can be dismissed as infructuous
- Whether the order of the Special Judge Vigilance should be quashed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 120(B), 201, 409, 420, 465, 467, 468, 471, 477(A)
- Prevention of Corruption Act, 1988 — s. 13(1)(d), 13(2)
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Petition
- Vigilance Investigation
- Corruption Offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43604 of 2018
Arising Out of PS. Case No.-7 Year-2000 Thana- C.B.I CASE District- Muzaffarpur
======================================================
A. P. Mishra son of late N.P. Mishra resident of House number 10, Chetna
Samiti, North of A.G. Colony, P.S. Shashtri Nagar, Patna - 800025.
... ... Petitioner/s
Versus
The State of Bihar Through The Bihar Vigilance Investigation Bureau, 6
Circular Road, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Prabhakar, Advocate.
Mr. Sanjay Kumar Jha, Advocate.
For the Opposite Party/s : Mr. Arvind Kumar, L.O.,Inc.,Vigilance
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 13-02-2026 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
23.07.2014 passed by learned Special Judge Vigilance, North
Bihar, Muzaffarpur in Special Case No.1 of 2000/94 of 2002,
arising out of Vigilance P.S. Case No.7 of 2000 by which
cognizance under Sections 409, 420, 465, 467, 468, 471,
477(A), 120(B), 109 and 201 of the I.P.C., Sections 13(2) read
with Section 13(1)(d) of Prevention of Corruption Act, 1988
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.
Patna High Court CR. MISC. No.43604 of 2018(3) dt.13-02-2026
2/2
4. Learned counsel for the opposite party has no
objection to this prayer of the petitioner.
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/-
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