Patna High Court
Hitan Rai and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the proceeding had become infructuous and disposed of the petition.
Summary
The petitioners, a group of six individuals, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 30 March 2011 passed by the Sub‑divisional Judicial Magistrate of Vaishali, which had taken cognizance of offences under Sections 498A and 323 of the Indian Penal Code. The petitioners argued that the criminal proceeding had become infructuous and should therefore be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions and agreed that the case was indeed infructuous. Consequently, the court disposed of the petition, effectively terminating the criminal proceedings.
Issues considered
- Whether the criminal proceeding has become infructuous and can be quashed under Section 482 Cr.P.C.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 498A
Subjects
- criminal procedure
- quash petition
- Section 482 CrPC
- infructuous proceeding
- IPC 498A
- IPC 323
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45452 of 2016
Arising Out of PS. Case No.-1160 Year-2010 Thana- VAISALI COMPLAINT CASE District-
Vaishali
======================================================
1. Hitan Rai, son of late Janak Rai
2. Lalita Devi @ Lalti Devi @ Lalia Devi, wife of Hitan Rai
3. Bindeshwar Rai, Son of late Babu Lal Rai
4. Chandeshwar Rai, son of late Babu Lal Rai
5. Umesh Rai, son of late Tuna Rai
6. Chamru Rai, son of late Tuna Rai, all are r/v- Jurawanpur Gopalpur, P.S.-
Bidupur, District- Vaishali at Hajipur (Bihar).
... ... Petitioner/s
Versus
1. State of Bihar
2. Manju Devi, wife of Ram Narayan Rai, d/o Late Gena Lal Rai, r/v
Rampur Shyamchand, P.S. Raghopur, District- Vaishali at Hajipur
(Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Smt. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioners 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 dated 30.03.2011 passed by
the learned Sub-divisional Judicial Magistrate, Vaishali at
Hajipur in Complaint Case No. 1160 of 2010, corresponding to
Trial No. 2909 of 2011/ 2353 of 2012 (Now Trial No. 1142 of
2016) by which cognizance was taken against the petitioners for
Patna High Court CR. MISC. No.45452 of 2016(3) dt.22-06-2026
2/2
the offences punishable under Sections 498(A)/323 of the I.P.C.
3. Learned counsel for the petitioners 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
prayer of the petitioners.
5. Considering the submissions of the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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