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Patna High Court

Sanjay KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The application is disposed of as the matter has become infructuous.

Summary

The petitioner filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 09‑09‑2016 passed by the IXth Additional Sessions Judge, Gaya, in a criminal appeal linked to Complaint Case No.1973 of 2012. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court considered the submissions and found that the case indeed was infructuous. Consequently, the court disposed of the application, effectively dismissing the request to quash the earlier order.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the earlier order is maintainable when the matter has become infructuous

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50319 of 2016
                  Arising Out of PS. Case No.-1973 Year-2012 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Sanjay Kumar S/o Satyendra Narayan Prasad, R/o Mohalla- Nadaraganj Ram
                 Sagar Road, P.S District- Gaya.

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar.
           2.    Protection Officer Mahila Help Line, Gaya.
           3.    Manisha Kumari @ Anita Kumari W/o Sanjay Kumar R/o Tower Chowk
                 Sarai, P.S. Kotwali, District Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shiva Shankar Sharma, Advocate.
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   30-04-2026                  Heard learned counsel for the petitioner 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

                   09.09.2016 passed by learned IXth Additional Sessions Judge,

                   Gaya in Cr. Appeal No.2 of 2015/ 3 of 2014(S.J.) in connection

                   with Complaint Case No.1973 of 2012.

                                3. Learned counsel for the petitioner submits that this

                   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 petitioner.

                                5. Considering the submissions of learned counsels
              Patna High Court CR. MISC. No.50319 of 2016(3) dt.30-04-2026
                                                          2/2




                        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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