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Patna High Court

Alka KumariversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is dismissed and the proceedings are held to be infructuous.

Summary

Petitioner Alka Kumari filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 05-12-2017 passed by the Sub‑Divisional Judicial Magistrate, Samastipur, which had taken cognizance of offences under Sections 323/34, 352/34 and 504/34 of the Indian Penal Code against her and another person. The petitioner argued that the case had become infructuous and should therefore be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The Court, after hearing both sides, held that the matter was indeed infructuous and accordingly disposed of the petition. No further hearing or order was required.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing the criminal proceedings can be entertained when the case has become infructuous

Legislation cited

Subjects

  • Section 482
  • quash order
  • infructuous
  • Criminal Procedure Code
  • Indian Penal Code
  • High Court
  • Criminal Miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35323 of 2018
                  Arising Out of PS. Case No.-1134 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Alka Kumari D/o Late Ranjit Prasad Branch Manager Central Bank of India,
                 Branch Almasnagar, Police Station Khanpur, District- Samastipur.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    State Of Bihar
           2.    Arun Mahto, Son of Late Ram Khelawan Mahto, resident of Village-
                 Manwara, Post Almasnagar, Police Station- Khanpur, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Sinha, Sr. Advocate
                                                Mr. Pravin Kumar, Advocate
                 For the Opposite Party/s :     Mr. Sri Manoj Kumar – 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   09-02-2026                     Heard learned counsel for the petitioner 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 05.12.2017 passed by the

                   learned Sub Divisional Judicial Magistrate, Samastipur in C.R.

                   1134 of 2017, Tr. No. 3935 of 2017 by which the learned Trial

                   Court had taken cognizance against the petitioner and one more

                   person under Section 323/34, 352/34 and 504/34 of the I.P.C.

                                 3. Learned counsel for the petitioner submits that this

                   case has become infructuous, accordingly, the same may be

                   disposed of.

                                 4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.35323 of 2018(2) dt.09-02-2026
                                                          2/2




                        prayer of the petitioner.

                                     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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