Patna High Court
Pramod Kumar ShrivastavaversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the petitioner has already been acquitted.
Summary
The petitioner, Pramod Kumar Shrivastava, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 29 August 2018 of the Chief Judicial Magistrate, Gopalganj, which had taken cognizance of offences under Sections 381, 379, 411, 413, 414, 409 and 120B of the Indian Penal Code. The petitioner argued that the petition had become infructuous because he had already been acquitted of the charges. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court, after considering the submissions, held that the petition was indeed infructuous and therefore disposed of the petition. No further relief was granted.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing a magistrate's order is maintainable when the petitioner has already been acquitted.
- Whether the High Court should entertain the petition despite the acquittal.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 120B, 379, 381, 409, 411, 413, 414
Subjects
- Criminal Procedure
- Section 482
- Quash Petition
- Acquittal
- Infructuous
- Cognizance
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72353 of 2018
Arising Out of PS. Case No.-295 Year-2018 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Pramod Kumar Shrivastava Son of late Radhe Sham Lal Shrivastava
Principal- S.S. Girl +2 Inter College, Gopalganj, Resident of Village- Munna
Colony, Padrauna, P.O. Padrauna and P.S. - Kotwali Padrauna, District- Kushi
Nagar, Uttar Pradesh.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 15-06-2026 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 order dated 29.08.2018 passed by
the learned Chief Judicial Magistrate, Gopalganj in Trial No.
2259 of 2018, arising out of Gopalganj Town P.S. Case No. 295
of 2018 by which cognizance was taken against the petitioner
for the offences under Sections 381, 379, 411, 413, 414, 409 and
120B of the I.P.C.
3. Learned counsel for the petitioner submits that the
present petition has become infructuous as the petitioner has
already been acquitted, accordingly, the same may be disposed
Patna High Court CR. MISC. No.72353 of 2018(2) dt.15-06-2026
2/2
of.
4. Learned A.P.P. for the State has no objection to this
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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