Patna High Court
Devi Prasad Gupta @ Devi LalversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of on the ground that the proceedings have become infructuous, thereby quashing the order of the Chief Judicial Magistrate.
Summary
The petitioner, Devi Prasad Gupta, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a January 3, 2018 order of the Chief Judicial Magistrate, Muzaffarpur, which had taken cognizance of offences under IPC Sections 384, 446, 323, 504 and 506. The petitioner argued that the case had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petition. The High Court, after hearing both sides, held that the petition was maintainable and that the proceedings were indeed infructuous. Consequently, the Court disposed of the petition, effectively quashing the earlier order of the magistrate.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing the order of a Chief Judicial Magistrate is maintainable
- Whether the proceedings have become infructuous warranting disposal
- Whether the order taking cognizance of the alleged offences can be set aside
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 384, 446, 504, 506
Subjects
- Criminal Procedure
- Section 482
- Infructuous proceedings
- Quash petition
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57854 of 2018
Arising Out of PS. Case No.-1905 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Devi Prasad Gupta @ Devi Lal S/o Sri Lakshman Prasad Gupta Resident of
Mohalla - Choti Saraiyaganj, Town - Muzaffarpur, P.S. - Town, District -
Muzaffarpur Bihar.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Smt. Renu Agrawal W/o Sushil Agrawal Mohalla - Ezazi Marg, Tilak
Maidan Road, P.S. - Town, District - Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash, Advocate
For the Opposite Party/s : Mr. Md. Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 27-02-2026 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 03.01.2018 passed by the
learned C.J.M., Muzaffarpur in Complaint Case No. 1905 of
2017 by which cognizance was taken against the petitioner for
the offences punishable under Sections 384, 446, 323, 504 and
506 of the I.P.C.
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.57854 of 2018(2) dt.27-02-2026
2/2
prayer of the petitioner.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…