Patna High Court
Vikky Bhawal @ Vikki BhawalversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as having become infructuous.
Summary
The petitioner, Vikky Bhawal, filed a petition under Section 482 of the CrPC seeking to quash charges dated 04-12-2013 in Sadar P.S. Case No.07 of 2013, which alleged offences under IPC Sections 406, 420, 506 and Section 138 of the Negotiable Instruments Act. 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 High Court examined whether a petition for quashing could be entertained when the proceedings are deemed infructuous. Finding no merit in continuing the petition, the Court disposed of the petition on the ground that the matter had become infructuous.
Issues considered
- Whether a petition under Section 482 CrPC for quashing of criminal charges can be entertained when the case is deemed infructuous
- Whether the court can dispose of a petition without addressing the merits of the charges
Legislation cited
- Indian Penal Code — s. 406, 420, 506
- Negotiable Instruments Act — s. 138
Subjects
- quash petition
- infructuous
- criminal procedure
- IPC
- Negotiable Instruments Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75096 of 2018
Arising Out of PS. Case No.-7 Year-2013 Thana- PURNEA SADAR District- Purnia
======================================================
Vikky Bhawal @ Vikki Bhawal S/o Kanu Bhawal, resident of Mohalla-
Kaptanpara, Khuskibagh, P.S.- Sadar, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjan Kumar, S/o Kanhaya Lal Sah, resident of Mohalla- Line Bazar, P.S.-
K.Hat, District- Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate
Mr. Prashant Kumar, Advocate
Mr. Ugranath Kumar, Advocate
For the Opposite Party/s : Mr. Umeshnand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 09-02-2026 This petition has been filed for quashing the charge
dated 04.12.2013 in connection with Sadar P.S. Case No.07 of
2013, G.R. No.87 of 2013 passed by learned Judicial
Magistrate, 1st Class, Purnea by which charges were framed
against the petitioner for the offences under Sections 406, 420,
506 of I.P.C. and Section 138 of the N.I. Act.
2. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
3. Learned APP for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.75096 of 2018(3) dt.09-02-2026
2/2
4. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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