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Patna High Court

Navin PaswanversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the criminal miscellaneous application was infructuous and therefore disposed of without further adjudication.

Summary

The petitioner Navin Paswan filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 22 June 2015 passed by the Sub‑Divisional Judicial Magistrate, Benipatti, which had taken cognizance of offences under Sections 420, 468, 467 and 379 of the Indian Penal Code. The petitioner argued that the matter could be disposed of, and the State, through its Additional Public Prosecutor, raised no objection to the prayer. The Court considered the submissions of both parties and noted that the application had become infructuous. Consequently, the Court disposed of the application without entertaining the request to quash the earlier order. The order reflects the Court’s discretion to dismiss a criminal miscellaneous application when it is no longer necessary or effective.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 CrPC for quashing the order dated 22.06.2015 is maintainable

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • criminal miscellaneous application
  • infructuous
  • IPC sections 420 467 468 379

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65210 of 2018
                        Arising Out of PS. Case No.-37 Year-2013 Thana- ARER District- Madhubani
                 ======================================================
                 Navin Paswan S/o Bhogendra Paswan Resident of Village-Kusmaul P.S.
                 Arer,Distt.-Madhubani.

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

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

3   05-05-2026                   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

                   22.06.2015 passed by learned Sub Divisional Judicial

                   Magistrate, Benipatti in connection with Arer P.S. Case No.37

                   of 2013 by which cognizance under Sections 420, 468, 467 &

                   379 of the I.P.C. has been taken against the petitioner.

                                 3. Learned counsel for the petitioner submits that this

                   case may be disposed of.

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

                   prayer of the petitioner.

                                 5. Considering the submissions of learned counsels
              Patna High Court CR. MISC. No.65210 of 2018(3) dt.05-05-2026
                                                          2/2




                        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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