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Patna High Court

Nand Kishore Dubey and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 is dismissed as the proceeding has become infructuous.

Summary

Petitioners Nand Kishore Dubey and Ravindra Dubey filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 08‑03‑2018 passed by the Sub‑Divisional Judicial Magistrate, Dehri, which had taken cognizance of offences under Sections 406 and 34 of the Indian Penal Code. The petitioners argued that the matter had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners’ prayer. After hearing both sides, the Patna High Court held that the application was indeed infructuous and disposed of it accordingly. Consequently, the order under challenge remains unaffected, and the petition was dismissed.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be dismissed on the ground that the proceeding has become infructuous
  • Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance under Sections 406 and 34 IPC can be quashed

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous proceeding
  • IPC Section 406
  • IPC Section 34

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72112 of 2018
                 Arising Out of PS. Case No.-271 Year-2017 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
           1.     Nand Kishore Dubey Son of Late Bansidhar Dubey
           2.    Ravindra Dubey Son of Nand Kishore Dubey Both resident of Village-
                 Sujanpur, P.O. Badiha Shankarpur, P.S.- Indrapuri, District- Rohtas.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Niraj Kumar S/o Shashi Bhushan Dubey, resident of Village- Durgapur,
                 P.O.- Nawadih, P.S.- Indrapuri, District- Rohtas Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Bajarangi Lal, Advocate.
                 For the Opposite Party/s :     Mr. Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   14-05-2026                  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

                   08.03.2018 passed by learned S.D.J.M., Dehri (Rohtas) in

                   connection with Complaint Case No.271 of 2017 by which

                   cognizance under Section 406/34 of the I.P.C. has been taken

                   against the petitioners.

                                3. Learned counsel for the petitioners submits that this

                   case may be disposed of as it has become infructuous.

                                4. Learned A.P.P. for the State has no objection to this
           Patna High Court CR. MISC. No.72112 of 2018(2) dt.14-05-2026
                                                       2/2




                     prayer of the petitioners.

                                  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/-Utkarsh/-

U


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