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Patna High Court

Kanhaiya Yadav @ Kumar Kanhaiya Pratap SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court held that the proceedings had become infructuous and disposed of the criminal miscellaneous application.

Summary

The petitioner filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12-13 December 2016 passed by the Additional Chief Judicial Magistrate, Barh, which had taken cognizance under IPC Sections 366, 323 and 34 against the petitioner and two others. The petitioner argued that the case had become infructuous and should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. After hearing both sides, the High Court held that the proceedings were indeed infructuous and disposed of the application accordingly. Consequently, the order of the lower court was effectively set aside, and the matter was closed.

Issues considered

  • Whether the criminal proceedings pending before the Additional Chief Judicial Magistrate are infructuous and can be quashed under Section 482 of the Cr.P.C.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Proceedings
  • IPC Section 366
  • IPC Section 323
  • IPC Section 34

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51222 of 2018
                       Arising Out of PS. Case No.-95 Year-2012 Thana- PANDARAK District- Patna
                 ======================================================
                 Kanhaiya Yadav @ Kumar Kanhaiya Pratap Singh S/o Kiran Yadav, R/o Vill.-
                 Maharajganj, P.S.- Pandarak N.T.P.C, District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    Ramadhar Singh S/o Late Baleshwar Singh, R/o Vill.- Raily English , P.S.-
                 Pandarak N.T.P.C., District- Patna.

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

3   07-04-2026                  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

                   12/13.12.2016 passed by learned Additional Chief Judicial

                   Magistrate, Barh, Patna in connection with Pandarak P.S. Case

                   No.95 of 2012 (G.R. No.869 of 2012) by which cognizance

                   under Section 366, 323, 34 of the I.P.C. has been taken against

                   the petitioner as well as two others.

                                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
              Patna High Court CR. MISC. No.51222 of 2018(3) dt.07-04-2026
                                                          2/2




                        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/-

U         T


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