Patna High Court
Bipin Yadav @ Binay Kumar @ Vinay Kumar and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 34, 385, 427
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/-
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