Patna High Court
Satyendra PrasadversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petition was infructuous and therefore quashed the cognizance order.
Summary
The petitioner, Satyendra Prasad, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a cognizance order dated 21 April 2018, which had been issued by the ADJ VI‑cum‑Special Judge, Excise, Nalanda, taking cognizance of an alleged offence under Section 30(A) of the Bihar Prohibition & Excise Act. The petitioner argued that the proceedings had become infructuous and should therefore be disposed of. The State of Bihar, represented by the Additional Public Prosecutor, raised no objection to the petition. The Court examined the submissions and found that the case was indeed infructuous. Consequently, the Court disposed of the petition, effectively quashing the cognizance order.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a cognizance order is maintainable in the present circumstances.
- Whether the proceedings have become infructuous warranting disposal of the petition.
- Whether the cognizance order under Section 30(A) of the Bihar Prohibition & Excise Act can be set aside.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(A)
- Criminal Procedure Code — s. 482
Subjects
- Section 482 CrPC
- quash of cognizance
- Bihar Prohibition & Excise Act
- infructuous proceedings
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71249 of 2018
Arising Out of PS. Case No.-3 Year-2018 Thana- NOORSARAI District- Nalanda
======================================================
Satyendra Prasad Son of Late Preman Mahto, Resident of Village- Gaurapar,
P.S. Chandi, District- Nalanda.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Rajan Malbia, Officer Incharge, P.S. Noor Sarai, District- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate
Ms. Seema Kumari, Advocate
Ms. Srishti Kumari, Advocate
Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the cognizance order dated 21.04.2018
passed by the learned A.D.J. VI-cum-Special Judge, Excise,
Nalanda in Noorsarai P.S. Case No. 3 of 2018 by which
cognizance was taken against the petitioner under Section 30(A)
of the Bihar Prohibition & Excise Act.
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.71249 of 2018(2) dt.11-05-2026
2/2
prayer of the petitioner.
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.