Patna High Court
Kamlesh Kumar Pandey and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the underlying criminal case has already been disposed of.
Summary
The petitioners filed a petition under Section 482 CrPC seeking to quash an order dated 18 May 2017 passed by the Chief Judicial Magistrate, Buxar, which had taken cognizance of offences under Sections 447, 337, 427, 504 and 506/34 of the Indian Penal Code. The petitioners argued that the criminal case (G.R. No.738 of 2017) had already been disposed of on 12 March 2022, rendering the petition infructuous. The State of Bihar raised no objection to the prayer. The High Court examined whether a petition for quash can be entertained when the substantive criminal proceeding is already concluded. Finding that the underlying case was closed, the Court held that the petition had become infructuous and disposed of it accordingly. The order effectively dismissed the petition without addressing the merits of the original criminal charges.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a criminal proceeding is maintainable when the proceeding has already been disposed of?
Legislation cited
- Indian Penal Code — s. 337, 34, 427, 447, 504, 506
Subjects
- quash petition
- Section 482 CrPC
- infructuous petition
- criminal procedure
- IPC offences
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49736 of 2018
Arising Out of PS. Case No.-121 Year-2017 Thana- BUXAR District- Buxar
======================================================
1. Kamlesh Kumar Pandey
2. Nitesh Kumar
3. Vikash Kumar Pandey
All are Son of Sri Narayan Pandey Resident of Village Aadarsh Nagar,
Samaharanalay Road, P.S. Town, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 28-01-2026 This petition has been filed for quashing of order
dated 18.05.2017 passed by learned Chief Judicial Magistrate,
Buxar in G.R. No.738 of 2017 arising out of Town P.S. Case
No.121 of 2017 by which the court concerned took cognizance
for the offence under Sections 447, 337, 427, 504, 506/34 of the
I.P.C.
2. From the office report, it appears that the said case
pending in the court concerned has already been disposed of on
12.03.2022.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
Patna High Court CR. MISC. No.49736 of 2018(2) dt.28-01-2026
2/2
4. Learned APP for the State has no objection to this
prayer of the petitioners.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
Checking your session…