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Patna High Court

Satyendra PrasadversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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


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