Patna High Court
Ajay Kumar Paswan and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petition is disposed of as the matter has become infructuous.
Summary
The petitioners, Ajay Kumar Paswan and family members, filed a petition in the Patna High Court seeking to quash two orders dated 24 November 2016 and 29 November 2017 that had allowed an application under Section 311 of the Criminal Procedure Code filed by the respondent, Anamika Devi. The petition argued that the matter 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 no longer viable and ordered the case to be disposed of as infructuous. Consequently, the orders under challenge were effectively set aside without further adjudication.
Issues considered
- What is the appropriate remedy when a criminal proceeding becomes infructuous?
- Whether the orders dated 24‑11‑2016 and 29‑11‑2017 allowing an application under Section 311 Cr.P.C. can be quashed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311
Subjects
- Criminal Procedure
- Section 311 CrPC
- Infructuous proceedings
- Quash order
- Petition under revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36723 of 2018
Arising Out of PS. Case No.-1729 Year-2009 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
1. Ajay Kumar Paswan S/o Chandeshwar Paswan,
2. Chandeshwar Paswan S/o Late Sukhdeo Paswan,
3. Mukhiya Devi W/o Chandeshwar Paswan,
4. Vijay Kumar S/o Chandeshwar Paswan, All 1 to 4 R/o Simraha Chaturbhuj,
P.S.- Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Anamika Devi W/o Ajay Kumar Paswan D/o Yogendra Paswan R/o
Vill.- Gevershi, P.S.- Sadar, District- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Chandra, Advocate
For the Opposite Party/s : Mr. Braj Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 10-02-2026 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 29.11.2017 passed by learned Sessions Judge,
Muzaffarpur in Criminal Revision No. 51 of 2017 as well as
order dated 24.11.2016 passed by learned S.D.J.M. (East),
Muzaffarpur in Complaint Case No. 1729 of 2009, whereby and
whereunder the application u/s 311 Cr. P.C. filed by the O.P. No.
2 has been allowed.
3. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.36723 of 2018(2) dt.10-02-2026
2/2
case may be disposed as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
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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