Patna High Court
KAMLESH JHA @ KAMLESH KUMARversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of as it has become infructuous.
Summary
The petitioner, Kamlesh Jha, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24 January 2017, which had taken cognizance under Section 498A of the Indian Penal Code against him. The order was originally passed by the Judicial Magistrate First Class, Danapur, in Complaint Case No.1052(c) of 2016. The petitioner argued that the proceedings had become infructuous and should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. After hearing both sides, the Patna High Court held that the application was indeed infructuous and disposed of it accordingly.
Issues considered
- Whether the criminal proceeding can be quashed under Section 482 of the Cr.P.C.
- Whether the petition is infructuous and therefore liable to be dismissed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 498A
Subjects
- criminal procedure
- quash petition
- Section 482 CrPC
- Section 498A IPC
- infructuous
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1072 of 2018
Arising Out of PS. Case No.-1052 Year-2016 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Kamlesh Jha @ Kamlesh Kumar S/o Late Ramkant Jha, R/o Village-
Bhamrupur, P.S.- Samastipur, District- Samastipur.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Rupa Jha, W/o Kamlesh Jha, D/o Ram Naresh Choudhary, R/o Village-
Ramapur, Maheshpur, P.S.- Tajpur, District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha, Advocate.
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 02-02-2026 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
24.01.2017 passed by learned J.M. 1st Class, Danapur in
connection with Complaint Case No.1052(c) of 2016 by which
cognizance under Section 498(A) of the I.P.C. has been taken
against the petitioner.
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.1072 of 2018(5) dt.02-02-2026
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/-
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