Patna High Court
Vikki Paswan and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed as the proceeding has become infructuous.
Summary
Petitioners Vikki Paswan and Mina Devi filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 01-10-2016 that framed charges under IPC sections 341, 323, 504 and 34. The petition argued that the criminal proceeding had become infructuous and should be disposed of. The State of Bihar raised no objection to the prayer. The Court, after hearing counsel, accepted that the proceeding was indeed infructuous and ordered the petition to be disposed. No substantive merits of the charges were examined. The order effectively dismisses the petition without further direction.
Issues considered
- Can a petition under Section 482 CrPC be dismissed on the ground that the criminal proceeding has become infructuous?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 34, 341, 504
Subjects
- Criminal Procedure
- Section 482
- Infructuous proceeding
- Quash of charge sheet
- Petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60129 of 2018
Arising Out of PS. Case No.-56 Year-2012 Thana- DANIYAWAN District- Patna
======================================================
1. Vikki Paswan S/o Bijendra Paswan,
2. Mina Devi W/o Bijendra Paswan, Both R/o Vill.- Salarpur, P.S. Daniyama,
District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Lakshmi Devi W/o Sarawan Paswan, R/o Vill.- Salapur Dih, P.S.-
Daniyama, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate
Mr. Sourabh Chandra Pushp, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-04-2026 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 01.10.2016 passed by the
learned A.C.J.M., Patna City in Tr. No. 934 of 2015, arising out
of Daniyama P.S. Case No. 56 of 2012 by which charge was
framed against the petitioners for the offences under Section
341, 323, 504/34 of the I.P.C.
3. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same may be
disposed of.
Patna High Court CR. MISC. No.60129 of 2018(3) dt.20-04-2026
2/2
4. Learned A.P.P. for the State has 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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