Patna High Court
Shiv Jee Prasad @ Shiv Jee Prasad Sonar and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the underlying criminal case has already been disposed of.
Summary
The petitioners, a group of individuals, filed a petition under Section 482 of the CrPC seeking to quash an order dated 05‑08‑2017 passed by the Additional Chief Judicial Magistrate, Buxar, which had taken cognizance of a complaint against them under Sections 147 and 379 of the Indian Penal Code. They contended that the underlying complaint case (Complaint No. 643(C) of 2015) had already been disposed of, rendering the petition unnecessary. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners’ request. The High Court examined whether the petition remained viable given the disposal of the main case. Finding that the petition had become infructuous, the Court disposed of the petition without further hearing. Consequently, the order seeking quash was not entertained and the petition was dismissed as moot.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a magistrate's order remains maintainable when the substantive criminal case has already been disposed of
- Whether the High Court can dismiss the petition as infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 379
Subjects
- quash petition
- Section 482 CrPC
- infructuous
- IPC 147
- IPC 379
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.626 of 2018
Arising Out of PS. Case No.-643 Year-2015 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
1. Shiv Jee Prasad @ Shiv Jee Prasad Sonar Son of Raushan Prasad,
2. Pradeep Verma @ Pradeep Kumar Verma.
3. Anil Verma @ Anil Kumar,
4. Jai Prakash Verma.
5. Ravindra Prasad Verma @ Ravi Kumar Verma,
6. Jitendra Verma @ Jitendra Kumar Verma.
7. Raju Prasad Verma @ Raju Kumar Verma.
8. Bablu Prasad Verma @ Bablu Kumar Verma,
All sons of Shiv Jee Prasad @ Shiv Jee Sonar.
9. Vivek Kumar Verma @ Vivek Prasad Verma, son of Rajendra Prasad Verma,
All resident of Village Naya Maujpur, P.S.- Dumraon, Naya Maujpur O.P.,
District- Buxar.
... ... Petitioner/s
Versus
1. State of Bihar
2. Sanjay Kumar, Son of Mahendra Prasad, resident of Naya Maujpur, P.S.-
Dumraon, Naya Maujpur O.P. District- Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 30-01-2026 This petition has been filed for quashing of order
dated 05.08.2017 passed by learned ACJM II, Buxar in
Complaint Case No.643(C) of 2015 whereby the court
concerned took cognizance against the petitioner under Sections
147 and 379 of the I.P.C.
2. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.626 of 2018(3) dt.30-01-2026
2/2
Complaint Case No.643(C) of 2015 pending in the court
concerned has already been disposed of, therefore, this case
may be disposed of as it has now become infructuous.
3. Learned APP for the State has no objection to this
prayer of the petitioners.
4. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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