Patna High Court
Sohan Yadav @ Sohan Prasad Yadav and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the application as the case had become infructuous.
Summary
The petitioners, Sohan Yadav and Mohan Yadav, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 05-03-2018 of the Additional Chief Judicial Magistrate, Madhepura, which had taken cognizance of offences under several sections of the Indian Penal Code. They 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 request. The Court considered the submissions of both parties and held that the proceedings were indeed infructuous. Consequently, the application was disposed of without ordering a formal quash of the earlier order.
Issues considered
- Whether the criminal proceedings have become infructuous warranting disposal under Section 482 Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 323, 341, 354, 378, 380, 384, 385, 427, 504
Subjects
- Criminal Procedure
- Section 482
- Quash of proceedings
- Infructuous case
- Indian Penal Code
- Criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60660 of 2018
Arising Out of PS. Case No.-79 Year-2017 Thana- GAMAHARIYA District- Madhepura
======================================================
1. Sohan Yadav @ Sohan Prasad Yadav.
2. Mohan Yadav @ Mohan Pd. Yadav Both Son of Gosai Yadav Resident of
Village- Chikni Fulkaha Police Station-Gamhariya District-Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Shankar Gupta Son of Ram Jee Gupta, Resident of Village- Chikni Fulkaha
Police Station-Gamhariya District-Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Yadav, Advocate.
For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 16-03-2026 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
05.03.2018 passed by learned Additional Chief Judicial
Magistrate, Madhepura in Gamhariya P.S. Case No.79 of 2017
corresponding to G.R. No.1067 of 2017 by which cognizance
was taken against the petitioners under Sections 147, 148, 341,
323, 354, 378, 380, 384, 385, 504, 427 of the I.P.C..
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, prays that the present
case may be disposed of.
Patna High Court CR. MISC. No.60660 of 2018(2) dt.16-03-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of having become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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