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Patna High Court

SYED KAMRAN HAIDER NABI @ KAMRAN HAIDAR NABIversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 Cr.P.C. is disposed of as infructuous.

Summary

Petitioner Syed Kamran Haider Nabi filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 29-07-2016 of the Chief Judicial Magistrate, Samastipur, which had framed charges against him under IPC Sections 323, 504, 406 and Section 138 of the Negotiable Instruments Act. The petitioner argued that the proceedings had become infructuous and should be disposed of. The State of Bihar raised no objection to the petitioner's prayer. After hearing both sides, the Patna High Court held that the application was infructuous and disposed of it accordingly, without ordering any further action on the charges.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the charge sheet is maintainable when the case is alleged to be infructuous
  • Whether the proceedings are indeed infructuous warranting disposal of the application

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Proceedings
  • Charge Framing
  • IPC
  • Negotiable Instruments Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7601 of 2017
                  Arising Out of PS. Case No.-409 Year-2014 Thana- SAMASTIPUR COMPLAINT CASE
                                                   District- Samastipur
                 ======================================================
                 Syed Kamran Haider Nabi @ Kamran Haidar Nabi Son of Syed Sohaibun
                 Nabi, Resident of Mohalla- Dharmpur, Ward No. 2, P.O.P.S.- Samastipur,
                 District- Samastipur.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar.
           2.    Naukhej Alam, Son of Mansoor Alam, Resident of Mohalla- Dharmpur,
                 Ward No. 2, P.O.P.S.- Samastipur, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Raj Kamal, Advocate.
                 For the Opposite Party/s :    Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   14-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   29.07.2016 passed by learned C.J.M., Samastipur in connection

                   with Complaint Case No.409 of 2014 by which charge has been

                   framed against the petitioner under Sections 323, 504, 406 of

                   the I.P.C. and Section 138 of the N.I. Act.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of as it has become infructuous.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.
           Patna High Court CR. MISC. No.7601 of 2017(6) dt.14-05-2026
                                                       2/2




                                  5. Considering the submissions of learned counsels

                     for the parties, the present Cr. Misc. Application stands disposed

                     of as it has become infructuous.



                                             (Sunil Dutta Mishra, J)
Ritik/-Utkarsh/-

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