Patna High Court
Hari Narayan ThakurversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the proceedings had become infructuous and therefore disposed of the petition, quashing the order of cognizance.
Summary
The petitioner, Hari Narayan Thakur, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 07-07-2018 that had taken cognizance of offences under Sections 279, 465 and 406 of the Indian Penal Code. The petitioner argued that the case had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petition. The Court, after hearing both sides, accepted that the proceedings were indeed infructuous. Consequently, the Court disposed of the petition, effectively quashing the earlier order of cognizance.
Issues considered
- Whether the petition under Section 482 CrPC for quashing the order taking cognizance of offences is maintainable when the case has become infructuous
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 279, 406, 465
Subjects
- Section 482 CrPC
- infructuous proceedings
- quash order
- cognizance of offences
- IPC sections 279, 465, 406
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73469 of 2018
Arising Out of PS. Case No.-1386 Year-2017 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Hari Narayan Thakur S/o Ram Briksh Thakur, Resident of Fatahpur Chautai,
Near Panapur School, P.O.- Kanhauli, P.S.- Mahua, District- Vaishali, Bihar.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Gaurav Kumar, S/o Rajendra Singh, Resident of Village- Bilandpur, P.O.-
Bilandpur, P.S.- Mahua, District- Vaishali, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-06-2026 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 07.07.2018 passed by the
learned A.C.J.M.-16, Hajipur (Vaishali) in Complaint Case No.
C 1386 of 2017, Tr. No. 1615 of 2018 by which cognizance was
taken against the petitioner for the offences punishable under
Sections 279, 465, 406 of the I.P.C.
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.73469 of 2018(2) dt.22-06-2026
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.