Patna High Court
Binod KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the criminal miscellaneous application was infructuous and therefore disposed of.
Summary
The petitioner, Binod Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 11‑12‑2017 of the Additional Chief Judicial Magistrate‑VIII, Motihari, which had taken cognizance of offences under Sections 323, 420, 467, 468 and 120(B) of the Indian Penal Code and issued processes against him. The petitioner argued that the proceeding had become infructuous and should be disposed of. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioner's prayer. The High Court, after hearing both sides, held that the application was indeed infructuous and therefore disposed of the petition. No substantive order quashing the earlier magistrate’s order was made; the application itself was dismissed as moot.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the underlying criminal proceeding has become infructuous.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 120B, 323, 420, 467, 468
Subjects
- Criminal Procedure
- Section 482
- Quash petition
- Infructuous proceedings
- Indian Penal Code offences
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68956 of 2018
Arising Out of PS. Case No.-1016 Year-2017 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Binod Kumar Son of Late Mukund Prasad Sah, Resident of Village-Rajepur,
P.S.-Govindganj, District-East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Raghunath Mahto, Son of Bhagwan Mahto, Resident of Village-Bhopatpur
Ahirauliya, Police Station-Kotwa Bajhiya O.P., District-East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate.
For the Opposite Party/s : Mr. Rajendra Singh Shastri, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 30-06-2026 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
11.12.2017 passed by learned Additional Chief Judicial
Magistrate-VIII, Motihari in Trial No.3144 of 2017 arising out
of Complaint Case No.C-1016 of 2017 by which cognizance
under Sections 323, 420, 467, 468 and 120(B) of the I.P.C. has
been taken and issued processes against the accused persons
including the petitioner.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
Patna High Court CR. MISC. No.68956 of 2018(3) dt.30-06-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
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/-
U T
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