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Patna High Court

Randhir Kumar Singh @ Randhir Singh and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 Cr.P.C. is dismissed as the proceeding has become infructuous.

Summary

Petitioners Randhir Kumar Singh and Shailendra Kumar Singh filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 17-10-2017 that had taken cognizance of offences under Sections 341 and 323 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioners argued that the matter had become infructuous and should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' prayer. The Court, after hearing both sides, held that the application was indeed infructuous and therefore disposed of it without further interference. Consequently, the order of the Special Judge was left undisturbed.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the order taking cognizance of offences is maintainable
  • Whether the application should be dismissed on the ground that the proceeding has become infructuous

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • SC/ST Act
  • Infructuous
  • Petition Disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64071 of 2018
                         Arising Out of PS. Case No.-16 Year-2016 Thana- SC/ST District- Sheohar
                 ======================================================
           1.     Randhir Kumar Singh @ Randhir Singh.
           2.    Shailendra Kumar Singh @ Shailendra Singh Both Son of Late Radhey
                 Shyam Singh R/o Village- Chhatauni, P.S.-Tariyani, District-Sheohar.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar.
           2.    Roopkali devi Wife of Sri Rameshwar Ram Resident of Village-Chhatauni,
                 P.S.-Taryani, District-Seohar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vidhan Chandra Pathak, Advocate.
                                                   Mr. Raghav Vats, Advocate.
                 For the Opposite Party/s :        Smt Usha Kumari No-1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   28-04-2026                   Heard learned counsel for the petitionerss 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

                   17.10.2017 passed by learned Court of 1st Additional District &

                   Sessions Judge-cum-Special Judge, Sheohar in connection with

                   Sheohar SC/ST P.S. Case No.16 of 2016 by which cognizance

                   under Sections 341, 323 of the I.P.C. and 3(i)(x) of the SC/ST

                   Act has been taken against the petitioners.

                                 3. Learned counsel for the petitioners submits that this

                   case may be disposed of as it has become infructuous.
              Patna High Court CR. MISC. No.64071 of 2018(2) dt.28-04-2026
                                                          2/2




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

                        prayer of the petitioners.

                                     5. Considering the submissions of learned counsels

                        for the parties, the present Cr. Misc. Application stands disposed

                        of as it has become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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