Patna High Court
NARAYAN PRASAD @ NARAYAN KUMAR PRASAD @ SONU and ORSversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 CrPC is dismissed as the proceedings are infructuous.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 02.05.2018 passed by the Sub‑Divisional Judicial Magistrate, Masaurhi, which had taken cognizance of offences under Sections 323, 380, 354, 427 and 504 of the Indian Penal Code against them. The petitioners contended that the proceedings had become infructuous and therefore should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Court, after hearing both sides, held that the application was indeed infructuous and disposed of it without granting any relief. Consequently, the order of the magistrate remains undisturbed, but the specific application for quash was dismissed as unnecessary.
Issues considered
- Whether the criminal miscellaneous application under Section 482 CrPC for quashing the magistrate's order is maintainable.
- Whether the proceedings have become infructuous warranting dismissal of the application.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 354, 380, 427, 504
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Proceedings
- Indian Penal Code
- Criminal Miscellaneous Application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72220 of 2018
Arising Out of PS. Case No.-204 Year-2018 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Narayan Prasad @ Narayan Kumar Prasad @ Sonu Son of surendra prasad.
2. Aaryan @ Aaryan Kumar Sinha @ Ramauli Son of Gopal Prasad, Resident
of Village- 63/21 A Ground Floor, Flat No. 02, Ekanir Building, Damdam,
Post Office Police Station- North 24 Pargana, Near Art College, Motijhil,
Kolkata- 700074.
3. Rakesh Patel, Son of Bhushan Prasad.
4. Rekha Devi, Wife of Rakesh Patel.
5. Tushar Patel @ Nikku, Son of Rakesh Patel,
6. Poonam Devi, Wife of Surendra Prasad, Petitioner No. 1, 3 to 6 are resident
of Village- Subjpur, Post Office Police Station- Khagaul, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Jyoti Devi, Daughter of Sadanand Singh, Resident of Village- Bhawanganj,
District- Patna, Wife of Shankar Shambhu Prasad @ Monu Resident of
Mohalla- 63/21 Ground Floor, Flat No. 02, Ekanir Building Damdam, Post
Office Police Station- Damdam, District- North 24 Pargana, West Bengal
Near Indian Art College Motijhil, Kolkata- 700074.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar, Advocate.
For the Opposite Party/s : Smt. Sahin Begam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 06-07-2026 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
02.05.2018 passed by learned Sub Divisional Judicial
Magistrate, Masaurhi, Patna in Complaint Case No.204(C) of
Patna High Court CR. MISC. No.72220 of 2018(3) dt.06-07-2026
2/2
2018 by which cognizance under Sections 323, 380, 354, 427,
504 of the I.P.C. has been taken against the petitioners and
others.
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
prayer of the petitioners.
5. Considering the submissions of learned counsel for
the parties, the present Cr. Misc. Application stands disposed of
as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.