Patna High Court
ROHIT RAM @ ROHIT KUMAR DAS @ ROHIT DAS @ ROHIT KUMARversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 323, 498A, 506
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
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