Patna High Court
PAWAN KUMAR SINGH @ PAWAN KUMARversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as infructuous and no order is quashed.
Summary
The petitioner, Pawan Kumar Singh, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 15‑03‑2018 of the Additional Chief Judicial Magistrate, which had taken cognizance of offences under Sections 323, 504, 406, 420 and 120(B) of the Indian Penal Code. The petitioner argued that the criminal proceedings had become infructuous and therefore the petition should be disposed of. The State of Bihar, as the opposite party, raised no objection to the petitioner's prayer. The Court, after hearing both sides, held that since the matter was indeed infructuous, there was no ground to entertain the petition. Consequently, the petition was disposed of as infructuous.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing the order taking cognizance of offences is maintainable when the case has become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 323, 406, 420, 504
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quash Order
- Infructuous Case
- High Court
- Indian Penal Code
- Cognizance of Offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75154 of 2018
Arising Out of PS. Case No.-96 Year-2017 Thana- JAGDISHPUR District- Bhojpur
======================================================
Pawan Kumar Singh @ Pawan Kumar, son of Shatrudhan Singh, resident of
Village- Kaura, P.S.- Jagdishpur, District- Bhojpur at Ara Bihar.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Rajeshwar Singh Son of Late Shivji Singh, resident of Village- Kaura, P.S.-
Jagdishpur, District- Bhojpur at Ara Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-02-2026 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 15.03.2018 passed by the
learned A.C.J.M. XIth, Bhojpur at Ara in connection with
Jagdishpur P.S. Case No. 96 of 2017 by which cognizance was
taken against the petitioner under Sections 323, 504, 406, 420
and 120(B) 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.75154 of 2018(2) dt.06-02-2026
2/2
prayer of the petitioner.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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