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Patna High Court

PAWAN KUMAR SINGH @ PAWAN KUMARversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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