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Patna High Court

Shailesh @ Shailesh KumarversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition was disposed of on the ground that the death of the petitioner rendered the case infructuous.

Summary

The petitioner, Shailesh Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 25 June 2018 that had taken cognizance of offences under Sections 341, 323, 498(A), 504/34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. The petitioner argued that the case had become infructuous because he had died. The State of Bihar raised no objection to the petition. The Court considered the submissions and held that, since the petitioner was deceased, the proceedings could no longer continue. Consequently, the Court disposed of the petition as infructuous.

Issues considered

  • Whether a criminal proceeding can be quashed under Section 482 CrPC on the ground that the petitioner has died, rendering the case infructuous?

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • infructuous proceedings
  • death of petitioner
  • quash order
  • IPC offences
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57950 of 2018
                    Arising Out of PS. Case No.-601 Year-2017 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Shailesh @ Shailesh Kumar son of Suresh Prasad, Resident of Muhalla-
                 Punaichak, Police Station Shastri Nagar, Town and District- Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.    Smt. Reeta Kumari, wife of Sailesh Kumar & Daughter of Sukhdeo Prasad,
                 at present resides at Purandarpur Near old Thana Jakkanpur P.O. G.P.O, P.S.
                 Jakkanpur, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Chandrasen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   09-04-2026                    Heard learned counsel for the petitioner 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 25.06.2018 passed by

                   the learned A.C.J.M. IV, Patna in Shastri Nagar P.S. Case No.

                   601 of 2017 by which cognizance was taken against the

                   petitioner under Sections 341, 323, 498(A), 504/34 of the I.P.C.

                   and Section ¾ of the D.P. Act.

                                3. Learned counsel for the petitioner submits that this

                   case has become infructuous as the sole petitioner has already

                   died, accordingly, the same may be disposed of.

                                4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.57950 of 2018(3) dt.09-04-2026
                                                          2/2




                        prayer of the petitioner.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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