Created by Fuzzy Cloud

Patna High Court

ROHIT RAM @ ROHIT KUMAR DAS @ ROHIT DAS @ ROHIT KUMARversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as infructuous, and no order is quashed.

Summary

The petitioner Rohit Ram filed a petition under criminal miscellaneous jurisdiction seeking to quash an order dated 01‑07‑2017 passed by the Sub‑Divisional Judicial Magistrate, Nagachia, which had taken cognizance of offences under IPC sections 323, 506, 498A and Section 4 of the Dowry Prohibition Act. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's prayer. After hearing both sides, the Hon’ble Justice Sunil Dutta Mishra held that, given the submissions and the fact that the case was no longer operative, the petition could be disposed of as infructuous. Consequently, the petition was dismissed without further adjudication on the merits.

Issues considered

  • Whether the petition for quashing the magistrate's order is maintainable when the underlying criminal case has become infructuous

Legislation cited

Subjects

  • quash petition
  • criminal miscellaneous
  • IPC
  • dowry prohibition
  • infructuous
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47896 of 2018
                   Arising Out of PS. Case No.-750 Year-2015 Thana- BHAGALPUR COMPLAINT CASE
                                                    District- Bhagalpur
                 ======================================================
                 Rohit Ram @ Rohit Kumar Das @ Rohit Das @ Rohit Kumar Son of Lakhan
                 Ram, Resident of Village- Jahangirpur Baisi, Police Station-Rangara Chowk,
                 District- Bhagalpur.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Puja Kumari, D/o Gowardhan Das, Resident of Village- Jahangirpur Baisi,
                 Police Station- Rangara Chowk, District- Bhagalpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Deepak Kumar, Advocate
                                                Mr. Dhananjay Kumar Gupta, Advocate
                                                Mr. Dhandev Kumar, Advocate
                 For the Opposite Party/s :     Mr. Akhileshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   04-02-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. This petition has been filed for quashing the order

                   dated 01.07.2017 passed by learned S.D.J.M., Nagachia in

                   Complaint Case No. C-750 of 2015, whereby and whereunder

                   the learned Magistrate took cognizance under Sections 323/34,

                   506/34, 498(A)/34 of the Indian Penal Code read with Section 4

                   of the Dowry Prohibition Act against the petitioner.

                                 3. Learned counsel for the petitioner 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.47896 of 2018(4) dt.04-02-2026
                                                        2/2




                      prayer of the petitioner.

                                   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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.