Patna High Court
Suma Devi @ Somo Devi and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as the proceedings have become infructuous.
Summary
The petitioners, Suma Devi and Anant Kumar, sought to quash an order dated 23 August 2017 passed by the Additional Chief Judicial Magistrate‑I, Jamui, which had taken cognizance of offences under Sections 302, 201 and 34 of the Indian Penal Code against them. The petition argued that the matter had become infructuous and should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Court, after hearing both counsels, accepted that the proceedings were indeed infructuous. Consequently, the High Court disposed of the petition, effectively quashing the earlier order.
Issues considered
- What is the appropriate remedy when a criminal proceeding becomes infructuous?
- Whether the order of the Additional Chief Judicial Magistrate can be quashed on the ground of infructuity?
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- quash petition
- infructuous proceedings
- Criminal Procedure Code
- IPC Sections 302, 201, 34
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36059 of 2018
Arising Out of PS. Case No.-86 Year-2015 Thana- SONO District- Jamui
======================================================
1. Suma Devi @ Somo Devi and Anr Wife of Sri Gulo alias Gulabi Mandal @
Gulab Mandal,
2. Anant Kumar, Son of Sri Gulo @ Gulabi Mandal @ Gulab Mandal, Both
resident of Village- Ramshir, P.S.- Chanan, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Geeta Devi, Wife of Late Awdhesh Mandal, Resident of Village- Ramsir,
P.S.- Chanan, District- Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Mahto, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This petition has been filed for quashing the order
dated 23.08.2017 passed by learned Additional Chief Judicial
Magistrate-I, Jamui in Sono P.S. Case No. 86 of 2015, whereby
and whereunder the Court concerned took cognizance under
Sections 302, 201/34 of Indian Penal Code against the
petitioners.
3. Learned counsel for the petitioners submits that this
case may be disposed as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.36059 of 2018(3) dt.12-02-2026
2/2
prayer of the petitioners.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of as it has become
infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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