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Patna High Court

Nanhe Lal @ Shyamakant Verma and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petition is disposed of as the case has become infructuous.

Summary

The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07‑04‑2018, wherein cognizance was taken against them for offences under Sections 147, 323, 307, 379, 504 and 34 of the Indian Penal Code. They contended that the criminal proceedings had become infructuous and therefore the order should be set aside. The State and the informant raised no objection to the prayer. After hearing the parties, the Court agreed that the proceedings were indeed infructuous and disposed of the petition without further order. Consequently, the petition was dismissed as the matter was no longer live.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing the order is maintainable.
  • Whether the criminal proceedings have become infructuous warranting disposal of the petition.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Infructuous proceedings
  • Quash petition
  • IPC offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59260 of 2018
                         Arising Out of PS. Case No.-77 Year-2017 Thana- BIHIA District- Bhojpur
                 ======================================================
           1.     Nanhe Lal @ Shyamakant Verma S/o Late Bramheshwar Nath Verma,
           2.    Prem Prakash Verma @ Pappu Lal, S/o Nanhe Lal @ Shyamakant Verma,
           3.    Pankaj Kumar Sinha, S/o Nanhe Lal @ Shyamakant Verma,
           4.    Aman Kumar Sinha,
           5.    Saurav Kumar @ Saurav Kumar Sinha @ Vikash Kumar Sinha,
           6.    Sonu Kumar Sinha @ Amar Kumar Sinha, Petitioner no. 4 to 5 are sons of
                 Ravi Ranjan Verma, All are residents of Village- Bara Kharauni, P.S.-
                 Bihiya, District- Bhojpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Onkar Nath, Advocate
                 For the Opposite Party/s :        Mr. Ramchandra Singh, APP
                                                   Mr. Harsh Singh, Advocate
                                                   Mr. Abhijeet, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   16-03-2026                     Heard learned counsel for the petitioners, learned

                   counsel for the informant 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 07.04.2018 passed by

                   the learned A.C.J.M. Vth, Ara in connection with Bihiya P.S.

                   Case No. 77 of 2017 by which cognizance was taken against the

                   petitioners for the offences under Sections 147, 323, 307, 379,

                   504 and 34 of the I.P.C.

                                3. Learned counsel for the petitioners submits that this
              Patna High Court CR. MISC. No.59260 of 2018(2) dt.16-03-2026
                                                          2/2




                        case has become infructuous, accordingly, the same may be

                        disposed of.

                                     4. Learned A.P.P. for the State and learned counsel for

                        the informant have no objection to this 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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