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Patna High Court

Md. Shadakat Hussain @ Rinku and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court held that the application was infructuous and therefore disposed of it.

Summary

The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a July 3, 2017 order of the Judicial Magistrate, Chapra, which had taken cognizance of a case under Section 498A of the Indian Penal Code against them. The petitioners argued that the application had become infructuous and should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners’ request. The Court considered the submissions of both parties and found no merit in continuing the proceedings. Consequently, the Court disposed of the application on the ground that it had become infructuous.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 of the Criminal Procedure Code can be dismissed as infructuous.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 498A
  • Quash Order
  • Infructuous Application
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3622 of 2018
                      Arising Out of PS. Case No.-99 Year-2017 Thana- MADHAURAH District- Saran
                 ======================================================
           1.     Md. Shadakat Hussain @ Rinku Son of Najim Quraishi.
           2.    Hajra Khatoon @ Hajra Wife of Najim Quraishi.
           3.    Faiz Hussain @ Md. Faiz Hussain Son of Najim Quraishi.
           4.    Tabbu Naz Daughter of Najim Quraishi.
                 All Resident of Mohalla- Imambada Kasai Tola Phulwarisharif, Police
                 Station Phulwarisharif, District Patna.

                                                                                 ... ... Petitioner/s
                                                       Versus

           1.    State of Bihar.
           2.    Ruhi Khatoon Wife of Md. Sadquat Hussain, Daughter of Mumtaz Quraishi,
                 Resident of Village Olhanpur, Police Station Marhowrah, District Saran
                 (Chapra).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Harun Quareshi, Advocate.
                 For the Opposite Party/s :      Mr. Shantanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   02-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   03.07.2017 passed by learned Judicial Magistrate, Chapra in

                   connection with Marhowrah P.S. Case No.99 of 2017 by which

                   cognizance under Section 498(A) of the I.P.C. has been taken

                   against the petitioners.

                                3. Learned counsel for the petitioners submits that this
              Patna High Court CR. MISC. No.3622 of 2018(4) dt.02-02-2026
                                                          2/2




                        case may be disposed of as it has become infructuous.

                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     5. Considering the submissions of learned counsels

                        for the parties, the present Cr. Misc. Application stands disposed

                        of as it has become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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