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Patna High Court

Arjun YadavversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition under Section 482 Cr.P.C. is dismissed as infructuous.

Summary

The petitioner, Arjun Yadav, filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash two orders dated 08.05.2018 and 08.06.2018 passed by the Judicial Magistrate 1st Class, Gaya. The petitioner argued that the trial against him had already concluded and the matter was pending only on some petitions, so the present petition should be disposed of. The State, through its Additional Public Prosecutor, contended that since the trial was over, the petition had become infructuous. The Court considered the submissions of both counsel and found no merit in continuing the petition. Consequently, the Court disposed of the petition as infructuous, effectively dismissing the relief sought under Section 482.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing orders is maintainable when the trial against the petitioner has already concluded
  • Whether the petition should be dismissed as infructuous

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Petition
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50187 of 2018
                       Arising Out of PS. Case No.-195 Year-2016 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Arjun Yadav, Son of Shiv Narayan Yadav, R/v Amwa Thokar, P.S.- Bodhgaya,
                 District- Gaya.

                                                                                  ... ... Petitioner/s
                                                    Versus
                 1. State Of Bihar
                 2. Parwati Devi, w/o Bharat Mistri, vill- Pachahati, P.S.- Bodhgaya, District-
                    Gaya.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh No-10, Advocate
                 For the Opposite Party/s :       Mr. Sri Ram Sumiran Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

7   09-02-2026                     Heard learned counsel for the petitioner 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 08.05.2018 and 08.06.2018

                   passed by the learned Judicial Magistrate 1 st Class, Gaya in

                   Bodhgaya P.S. Case No. 195 of 2016, Tr. No. 1121 of 2018.

                                3. Learned counsel for the petitioner submits that the

                   trial against the petitioner has already been concluded and the

                   matter is pending for argument on some petitions, accordingly,

                   the same may be disposed of.

                                4. Learned A.P.P. for the State submits that since the

                   trial with respect to the petitioner has already been concluded,
              Patna High Court CR. MISC. No.50187 of 2018(7) dt.09-02-2026
                                                          2/2




                        this petition has become infructuous.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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