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Patna High Court

Nishant Kumar Patel and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court disposed of the petition as the case had become infructuous.

Summary

The petitioners, Nishant Kumar Patel and Awadh Kishore Paswan, police officers, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 13-03-2018 of the Judicial Magistrate 1st Class, Jamui, which had taken cognizance of offences under Sections 417 and 465 of the Indian Penal Code. They argued that the criminal proceedings had become infructuous and therefore should be disposed of. The State of Bihar, represented by the Additional Public Prosecutor, raised no objection to the petitioners' request. The Court examined the submissions and found no merit in continuing the proceedings as the case was indeed infructuous. Consequently, the Court disposed of the petition, effectively terminating the criminal proceedings.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing the magistrate's order can be entertained
  • Whether the order taking cognizance under Sections 417 and 465 IPC should be set aside
  • Whether the criminal case has become infructuous warranting its disposal

Legislation cited

Subjects

  • quash petition
  • section 482
  • cognizance
  • infructuous
  • criminal procedure
  • cheating
  • forgery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62545 of 2018
                  Arising Out of PS. Case No.-330 Year-2017 Thana- COMPLAINT CASE District- Jamui
                 ======================================================
           1.     Nishant Kumar Patel, son of Sri Ram Pukar Singh, Resident of Lakho, P.S.-
                  Muffasil,Distt.-Begusarai. At Present posted as Circle-Officer, P.S.-Jhajha,
                  Distt.-Jamui.
           2.    Awadh Kishore Paswan, son of Sri Chhote Lal Paswan, Resident of Village-
                 Simutala, P.S.-Simutala,Distt.-Jamui. At Present posted as Circle-Inspector,
                 P.S.-Jhajha,Distt.-Jamui.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pritish Kumar Lal, Advocate
                 For the Opposite Party/s :      Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   10-02-2026                    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 13.03.2018 passed by the

                   learned Judicial Magistrate 1st Class, Jamui in Case No. 330 (C)

                   of 2017 by which cognizance was taken against the petitioners

                   under Sections 417 and 465 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.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioners.
            Patna High Court CR. MISC. No.62545 of 2018(3) dt.10-02-2026
                                                        2/2




                                   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

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