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Patna High Court

Gagan Dev Tiwary and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the petition as infructuous, exercising its inherent power under Section 482 CrPC to quash the earlier order.

Summary

The petitioners, Gagan Dev Tiwary and Bidya Tiwry, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a June 20, 2015 order of the Judicial Magistrate‑1st Class, Patna, which had taken cognizance of offences under Sections 323, 504, 380 and 384/34 of the Indian Penal Code. The petition argued that the proceedings had become infructuous and should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the prayer. The Court, after hearing counsel for both sides, held that the petition was maintainable and, given the lack of any pending issue, the case was indeed infructuous. Consequently, the Court disposed of the petition, effectively quashing the earlier order. The decision underscores the Court’s discretion under Section 482 CrPC to dismiss proceedings that have become moot.

Issues considered

  • Whether a petition under Section 482 CrPC for quashing a criminal order is maintainable when the case has become infructuous
  • Whether the High Court can dispose of the petition without further inquiry into the merits of the underlying offences

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Infructuous proceedings
  • Quash petition
  • High Court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71332 of 2018
                 Arising Out of PS. Case No.-1469 Year-2015 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Gagan Dev Tiwary, Son of Dhanichan Tiwary,
           2.    Bidya Tiwry, Son of Sukhdeo Tiwary, Both are resident of Village- Kalu
                 Paker, Police Station- Fenhara, District- East Champaran.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Sri Kant Pandey, Son of Late Amar Pandey, at present Village- Ramji Chak,
                 Digha, P.O.- Bataganj, Digha, P.S.- Digha, District- Patna. Permanent
                 resident of Village- Kalu Baker, P.S.- Fenhara, District- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dr. Alok Kumar Sinha, Advocate
                                                Mr. Raja Prasad, Advocate
                 For the Opposite Party/s :     Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   11-05-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                 2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order 20.06.2015 passed by the

                   learned Judicial Magistrate 1st Class, Patna in Complaint Case

                   No. 1469 (C) of 2015 by which cognizance was taken against

                   the petitioners for the offences under Sections 323, 504, 380,

                   384/34 of the I.P.C.

                                 3. Learned counsel for the petitioners submits that this

                   case has become infructuous, accordingly, the same may be

                   disposed of.
              Patna High Court CR. MISC. No.71332 of 2018(2) dt.11-05-2026
                                                          2/2




                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     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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