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Patna High Court

Vikky Bhawal @ Vikki BhawalversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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