Patna High Court
Alka KumariversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323/34, 352/34, 504/34
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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