Patna High Court
Binod Kumar Choudhary @ Binod Chaudhary and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court held that the petition was infructuous and therefore disposed of it.
Summary
The petitioners, a group of relatives from Badka Singhanpyra, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order of cognizance dated 29 July 2009 that had been passed by the Judicial Magistrate 1st Class‑3, Buxar. The order of cognizance had taken the petitioners into trial under Sections 147, 148, 323, 324, 379 and 341 of the Indian Penal Code. The petitioners argued that the criminal proceedings had become infructuous and therefore should be disposed of. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the prayer for disposal. After hearing both sides, the High Court held that the case was indeed infructuous and disposed of the petition without further order.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing an order of cognizance is maintainable in the present circumstances
- Whether the criminal proceedings have become infructuous warranting disposal of the petition
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Section 482
- quash order of cognizance
- infructuous proceedings
- Criminal Procedure Code
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65652 of 2018
Arising Out of PS. Case No.-31 Year-2009 Thana- SIMRI District- Buxar
======================================================
1. Binod Kumar Choudhary @ Binod Chaudhary S/o Bhola Choudhary
2. Bhola Choudhary S/o Late Kamla Choudhary
3. Ram Kumar Choudhary S/o Bhola Choudhary
4. Munna Choudhary @ Manna Chaudhary S/o Bhola Choudhary
5. Dev Kumar Choudhary S/o Bhola Choudhary
6. Sanjay Choudhary S/o Prem Chand Choudhary
7. Prem Chand Choudhary S/o Late Kamla Choudhary
8. Gulab@ Gulab Chand Choudhary S/o Late Kamla Chouhary all are r/v
Badka Singhanpyra, P.S.-Simri, District- Buxar.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 12-05-2026 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 of cognizance dated
29.07.2009 passed by the learned Judicial Magistrate 1 st Class-3,
Buxar in Simri P.S. Case No. 31 of 2009 by which cognizance
was taken against the petitioners under Sections 147, 148, 323,
324, 379, 341 of the I.P.C.
3. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.65652 of 2018(4) dt.12-05-2026
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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.
5. Considering the submissions of the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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