Created by Fuzzy Cloud

Patna High Court

Bhola PaswanversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The application was disposed of as infructuous, without granting the relief sought.

Summary

Petitioner Bhola Paswan filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12 July 2018 passed by the Additional District Judge VII, Aurangabad, in connection with Sessions Trial No.256 of 2017. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, through its A.P.P., raised no objection to the petitioner's request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions and found no merit in continuing the application. Consequently, the court disposed of the criminal miscellaneous application on the ground that it had become infructuous.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the earlier order should be entertained when the matter is alleged to be infructuous

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60937 of 2018
                   Arising Out of PS. Case No.-72 Year-2016 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
                 Bhola Paswan Son of Kirani Paswan @ Kirani Ram, Resident of Village- Hari
                 Nagar Tarar, Police Station- Daud Nagar, District- Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Choubey Jawahar, Advocate.
                 For the Opposite Party/s :      Mr. Harendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   28-04-2026                   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

                   12.07.2018 passed by learned Additional District Judge VII,

                   Aurangabad in connection with Sessions Trial No.256 of 2017

                   arising out of Daud Nagar P.S. Case No.72 of 2016.

                                 3. Learned counsel for the petitioner submits that this

                   case may be disposed of as it has become infructuous.

                                 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
              Patna High Court CR. MISC. No.60937 of 2018(4) dt.28-04-2026
                                                          2/2




                        of as it has become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.