Patna High Court
Subhasis Tripathi and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petition stands disposed as it has become infructuous.
Summary
The petitioners Subhasis Tripathi, Ashish Tripathi and Ram Mukherji filed a petition under Article 226 of the Constitution seeking to quash an order dated 14‑12‑2007 that took cognizance of offences under Sections 420 and 120B of the Indian Penal Code read with Section 138 of the Negotiable Instruments Act. The petition alleged that the order should be set aside. The State of Bihar, through its learned Additional Public Prosecutor, raised no objection to the petitioners’ request. The Court examined whether the order could be quashed and whether the petition remained viable. Relying on the submissions of both parties, the Court concluded that the petition had become infructuous and therefore disposed of the case without entertaining the substantive challenge. Consequently, the order taking cognizance remains undisturbed, but the petition is dismissed as moot.
Issues considered
- Whether the order taking cognizance under Sections 420 and 120B IPC read with Section 138 NI Act can be quashed.
- Whether the petition is infructuous and should be dismissed.
Legislation cited
- Indian Penal Code — s. 120B, 420
- Negotiable Instruments Act — s. 138
Subjects
- quash order
- cognizance
- IPC
- Negotiable Instruments Act
- infructuous
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8021 of 2018
Arising Out of PS. Case No.-2260 Year-2007 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Subhasis Tripathi @ Subasis Tripathi Son of Late Manoranjan Tripathi,
Resident of Village- Bhupati Mazna Road, P.O. Medinipur, P.S. Contai,
District- East Medinipur, West Bengal.
2. Ashish Tripathi Son of Late Manoranjan Tripathi, Resident of Village-
Bhupati Mazna Road, P.O. Medinipur, P.S. Contai, District- East Medinipur,
West Bengal.
3. Ram Mukherji Son of Late Amal Mukherji, R/o H/O Upendra Kumar, Geeta
Niwas, Sheikhpura P.S. Shastri Nagar, Town and District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sri Kumar Prabhakar, Director- Prabhakar Swarnima and Runa Traders Pvt.
Ltd., Musallahpur Hat, P.S.- Pirbahore, District- Patna. Presently residing at
Flat No. 204, Swastik Enclave, Road No. 9 Safi Alam Road, Ram Jaipal
Nagar, Gola Road, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahesh Prasad, Advocate
For the Opposite Party/s : Sri Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 02-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This petition has been filed for quashing of order
taking cognizance under Sections 420 and 120B of I.P.C. read
with Section 138 of N.I. Act dated 14.12.2007 (order impugned)
passed by learned A.C.J.M.-cum-Sub-Judge-14, Patna in
Complaint Case No. 2260(c) of 2007.
3. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.8021 of 2018(4) dt.02-02-2026
2/2
case may be disposed as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of as it has become
infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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