Patna High Court
Deepak @ Deepak Kumar Yadav and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as the proceedings have become infructuous.
Summary
The petitioners, three residents of Hanshapir village, were charged in a criminal case (SC/ST No. 38 of 2018) under IPC sections 341, 323, 504, 506/34 and Section 3(1)(v) of the SC/ST (Prevention of Atrocities) Act. They filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 13‑03‑2018 that took cognizance of the offences. Both parties appeared before the Patna High Court, and the State’s Additional Public Prosecutor raised no objection to the petition. The court noted that the matter had become infructuous and, on the parties’ submissions, disposed of the petition. Consequently, the order was set aside and the case was closed as it no longer required adjudication.
Issues considered
- Whether the petition under Section 482 CrPC seeking quashal of the charge sheet should be entertained when the case has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 341, 504, 506/34
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(v)
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quash Petition
- SC/ST Act
- Infructuous Proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58366 of 2018
Arising Out of PS. Case No.-38 Year-2017 Thana- MASHRAK District- Saran
======================================================
1. Deepak @ Deepak Kumar Yadav son of Badri Nath
2. Mintu Kumar son of Dileshwar Das
3. Jai Prakash Rai @ Om Prakash Kumar son of Govardhan Rai All residents
of village Hanshapir, P.S. Madhrakh, District Saran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioners 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 dated 13.03.2018 passed by
the learned Addl. Sessions Judge I (SC/ST), Chhapra in SC/ST
No. 38 of 2018 by which cognizance was taken against the
petitioners under Sections 341, 323, 504, 506/34 of the I.P.C.
and Section 3(1)(v) of the SC/ST (Prevention of Atrocities) Act.
3. Learned counsel for the petitioners 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.58366 of 2018(3) dt.09-04-2026
2/2
prayer of the petitioners.
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
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