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Patna High Court

Bipin Yadav @ Binay Kumar @ Vinay Kumar and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The application is dismissed as infructuous because the original criminal case has already been disposed.

Summary

The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 19-07-2017 that had taken cognizance against them under Sections 307, 385, 427 and 34 of the Indian Penal Code. The order being challenged was issued by the Judicial Magistrate, Ist Class, Khagaria in G.R. No.2352 of 2016, which had already been disposed of on 15-04-2023. The petitioners argued that, since the original case was concluded, the present application had become infructuous and should be dismissed. The State had no objection to this submission. The Court, after considering the counsel and the report from the Office, held that the application was indeed infructuous and ordered it disposed. Consequently, the petition was dismissed without further hearing.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 CrPC can be dismissed as infructuous when the underlying criminal proceeding has already been disposed.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Application
  • Disposition
  • Criminal Miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68508 of 2018
                       Arising Out of PS. Case No.-215 Year-2016 Thana- MANSI District- Khagaria
                 ======================================================
           1.     Bipin Yadav @ Binay Kumar @ Vinay Kumar.
           2.    Ranjit Kumar @ Ranjit Yadav @ Ranjit Kumar Yadav.
           3.    Vijayendra Kumar @ Vijay Yadav @ Vijendra Yadav
                 All are sons of Late Damodar Yadav.
           4.    Vikkay Kumar @ Amit Vikram S/o Bipin Yadav.
           5.    Nishant Raj @ Nikky Kumar S/o Ranjit Yadav.
                 All are resident of Village Ekaniya, P.S. Mansi, District Darbhanga.
           6.    Chhabila Yadav S/o Late Jagdish Yadav, Resident of Village Jalim Tola, P.S.
                 Mansi, District Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dshirendra Kumar Trivedi, Advocate.
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   31-01-2026                  Heard learned counsel for the petitioners 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

                   19.07.2017 passed by learned J.M., Ist Class, Khagaria in G.R.

                   No.2352 of 2016, corresponding to Mansi P.S. Case No.215 of

                   2016 by which the learned Trial Court has set-aside the order

                   dated 19.07.2017 whereby cognizance was taken against the

                   petitioners under Section 307, 385, 427/34 of the I.P.C.

                                3. As per the report submitted by the Office, the G.R.
              Patna High Court CR. MISC. No.68508 of 2018(6) dt.31-01-2026
                                                          2/2




                        No.2352 of 2016, corresponding to Mansi P.S. Case No.215 of

                        2016 has already been disposed of on 15.04.2023.

                                     4. Learned counsel for the petitioners submits that the

                        G.R. No.2352 of 2016, corresponding to Mansi P.S. Case

                        No.215 of 2016 has already been disposed of and this case has

                        become infructuous, accordingly, prays that the present case

                        may be disposed of.

                                     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 and the report submitted by the Office, the

                        present Cr. Misc. Application stands disposed of having become

                        infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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