Patna High Court
Mohan Sah and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 is disposed of as infructuous.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking quashment of FIR No.9 of 2018 arising from Complaint No.577 of 2017, arguing that the matter had become infructuous. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Court considered the submissions of both parties. Finding that the application was indeed infructuous, the Court disposed of the application. Consequently, the FIR was not quashed and the proceedings were effectively closed.
Issues considered
- Whether the FIR can be quashed under Section 482 of the Criminal Procedure Code.
- Whether the application is infructuous and should be disposed.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quashment of FIR
- Infructuous application
- Criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65661 of 2018
Arising Out of PS. Case No.-9 Year-2018 Thana- BANIAPUR District- Saran
======================================================
1. Mohan Sah son of Late Paaran Sah
2. Ranjit Sah son of Mohan Sah
3. Chandrawati Devi @ Srimati Devi Wife of Mohan Sah
4. Santosh Sah Son of Mohan Sah
5. Surendra Sah Son of Mohan Sah
6. Srimati Devi @ Srimati Kumari @ Pujha Kumari D/o of MohanSah All
Resident of Village-Paigambarpur,P.S. Baniyapur,Distt.-Saran
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate.
For the Opposite Party/s : Mr. Ashok Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-03-2026 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 F.I.R. bearing
Baniyapur P.S. Case No.9 of 2018 arising out of Complaint
Case No.577 of 2017.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
Patna High Court CR. MISC. No.65661 of 2018(2) dt.31-03-2026
2/2
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/-
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