The Patna High Court dismissed a criminal miscellaneous application under Section 482 CrPC seeking to quash a lower court order, holding that the application had become infructuous due to the efflux of time.
The application was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10122 of 2017
Arising Out of PS.Case No. -262 Year- 2016 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD
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Rajendra Sharma son of Late Jagdish Sharma, resident of village- Tejpura, Police Station- Rampur Chauram in the district of Arwal.
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
6 16-07-2018
Mr. Sunil Kumar, learned counsel for the petitioner, submitted due to efflux of time this application preferred under Section 482 of the Code of Criminal Procedure for quashing the order dated 26.09.2016 passed by the learned Additional Chief Judicial Magistrate-III, Arwal in Complaint Case No.262 of 2016 corresponding to Trial No.25 of 2016 has become infructuous.
In view of the submission made above, the application is
Patna High Court Cr.Misc. No.10122 of 2017 (6) dt.16-07-2018
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dismissed as infructuous.
(Ashwani Kumar Singh, J)
Md.S./-
U T
2 issues framed by the court
Whether the application for quashing proceedings under Section 482 CrPC has become infructuous due to efflux of time.
What is the consequence of the dismissal of equivalent proceedings by the trial court on the maintainability of the present criminal miscellaneous application.
1 provisions across 1 enactments
Rajendra Sharma
The State of Bihar
Swaraj Kumar
Anirudh Kumar
Arun Kumar
Vijay Sharma
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
