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Patna High Court

KAMLESH JHA @ KAMLESH KUMARversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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/-

U         T


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