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Patna High Court

Syed Rizwanul HaqueversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as the parties raised no objection, resulting in the quashing of the impugned orders.

Summary

Syed Rizwanul Haque filed a petition under criminal miscellaneous jurisdiction seeking to quash an order dated 05.12.2017 passed by the District and Sessions Judge, Patna, and an order dated 13.04.2017 passed by the Judicial Magistrate‑I, Patna, in a complaint case. The petitioner argued that the case could be disposed of, and both the State of Bihar (through its A.P.P.) and the second opposite party, Sazia Nasir, raised no objection to the petitioner's prayer. The Court, noting the unopposed nature of the petition, disposed of the matter without further hearing. Consequently, the orders sought to be quashed were set aside by virtue of the case being disposed. The decision reflects procedural disposal where parties consent to the relief sought.

Issues considered

  • Whether the order of the District and Sessions Judge, Patna, dated 05.12.2017, and the order of the Judicial Magistrate‑I, Patna, dated 13.04.2017, can be quashed.

Subjects

  • quash petition
  • criminal miscellaneous jurisdiction
  • order disposal
  • consent of parties
  • procedural disposal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15204 of 2018
                  Arising Out of PS. Case No.-3026 Year-2009 Thana- PATNA COMPLAINT CASE District-
                                                           Patna
                  ======================================================
                  Syed Rizwanul Haque S/o Syed Allaul Haque, R/o E-1, Shanti Hari Awasan
                  Talwar Building, P.S.- Bistupur, District- Jamshedpur, Jharkhand.

                                                                                ... ... Petitioner/s
                                                      Versus

            1.    The State of Bihar
            2.    Sazia Nasir D/o Late Kaji Abujar Md. Nasir, R/o Ali Nagar Colony, P.S.-
                  Gardanibagh, District- Patna.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :      Ms. Sudha Chandra, Advocate
                  For the State           :      Mr. Jharkhandi Upadhyay, APP
                  For O.P. No. 2          :      Ms. Sazia Nasir (In person)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

12   31-03-2026                      Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                  2. This petition has been filed for quashing the order

                    dated 05.12.2017 passed by learned District and Sessions Judge,

                    Patna in Cr. Revision No. 305 of 2017 as well as the order dated

                    13.04.2017 passed by learned Judicial Magistrate-I, Patna in

                    Complaint Case No. 3026(C) of 2009.

                                  3. Learned counsel for the petitioner submits that this

                    case may be disposed of.

                                  4. Learned A.P.P. for the State and O.P. No. 2, in

                    person, have no objection to this prayer of the petitioner.
            Patna High Court CR. MISC. No.15204 of 2018(12) dt.31-03-2026
                                                        2/2




                                   5. In view of the submission of learned counsel for the

                      petitioner, this case stands disposed of.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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