Patna High Court
Afroj Alam and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of on the ground that the case has become infructuous, thereby quashing the earlier order.
Summary
The petitioners, Afroj Alam and Jamil Ahmad, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 06-07-2017 issued by the Additional Chief Judicial Magistrate, which had taken cognizance of offences under Sections 406, 420, 468, 506 and 34 of the Indian Penal Code and ordered summons against them. The petitioners argued that the case had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Court, after hearing both sides, agreed that the proceedings were indeed infructuous. Consequently, the Court disposed of the petition, effectively nullifying the earlier order.
Issues considered
- Whether the order of the Additional Chief Judicial Magistrate taking cognizance and issuing summons under Sections 406, 420, 468, 506 and 34 IPC can be quashed under Section 482 CrPC on the ground that the case has become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 406, 420, 468, 506
Subjects
- Criminal Procedure
- Section 482 CrPC
- Infructuous case
- Quash order
- Indian Penal Code
- Summons
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34655 of 2018
Arising Out of PS. Case No.-99 Year-2016 Thana- SIKTA District- West Champaran
======================================================
1. Afroj Alam, S/o Jamil Ahmad,
2. Jamil Ahmad, S/o Late SK. Umar, Both are resident of Village- Jhumka,
Police Station- Sikta, District- West Champaran.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Md. Nurullah, S/o Late SK. Julum, resident of Village- Jhumka, Police
Station- Sikta, District- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Sri Ajay Kumar Jha, APP
For Opposite Party No.2 : Mr. Sachida Nand Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners, learned
counsel for O.P. No. 2 and learned A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order 06.07.2017 passed by the
learned A.C.J.M. IIIrd, Bettiah, West Champaran in Sikta P.S.
Case No. 99 of 2016, Tr. No. 2290 of 2017 by which cognizance
was taken against the petitioners under Sections 406, 420, 468,
506/34 of the I.P.C. and ordered to issue summons against the
petitioners.
3. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same may be
Patna High Court CR. MISC. No.34655 of 2018(2) dt.09-02-2026
2/2
disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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