Patna High Court
Om Prakash YadavversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 is disposed of with a direction to the trial court to ensure early disposal of the case.
Summary
The petitioner, Om Prakash Yadav, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 16-07-2018 that framed charges under Sections 8 and 20(b)(ii)(b) of the NDPS Act and Section 30(a) of the Bihar Prohibition Excise Act, 2016. The Sessions Court had fixed the trial for evidence on 29-08-2025. The petitioner argued that the case should be disposed of with a direction for early disposal, while the State raised no objection. The High Court, after hearing both sides, declined to quash the charges and instead disposed of the application, directing the trial court to take steps for the early disposal of the case. The order reflects the court’s discretion under Section 482 to manage the proceedings without interfering with the substantive charges.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the charge sheet should be entertained
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(b), 8
Subjects
- Section 482
- Criminal miscellaneous application
- NDPS Act
- Prohibition Excise Act
- Early disposal
- Quash of charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63346 of 2018
Arising Out of PS. Case No.-54 Year-2017 Thana- KOTWALI District- Munger
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Om Prakash Yadav son of Kapildeo Yadav, Resident of Village- Chandi
Asthan, Basudeopur, P.S. Kotwali, District- Munger.
... ... Petitioner/s
Versus
1. State Of Bihar.
2. Abdul Jafar, father's name not known, Sub Inspector of Police, Basudeopur
O.P., P.S. Kotwali, District- Munger.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 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
16.07.2018 passed by learned Sessions Judge, Munger in
Sessions Trial No.54 of 2017 arising out of Kotwali
(Basudeopur) P.S. Case No.54 of 2017 by which charges under
Section 8/20(b)(ii)(b) of NDPS Act and 30(a) of Bihar
Prohibition Excise Act, 2016 have been framed against the
petitioner and the case has been fixed for evidence.
3. As per the report submitted by the learned Principal
District & Sessions Judge, Munger vide letter No.5817 2025
Patna High Court CR. MISC. No.63346 of 2018(2) dt.31-01-2026
2/2
29.08.2025, the Sessions Trial No.54 of 2017 arising out of
Kotwali (Basudeopur) P.S. Case No.54 of 2017 is fixed for
evidence.
4. Learned counsel for the petitioner submits that this
case may be disposed of with direction to the learned Trial
Court to take steps for early disposal of the case.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of with direction to the learned Trial Court to take steps for early
disposal of the case.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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