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Patna High Court

Amar Kumar @ SonuversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 CrPC is dismissed as infructuous.

Summary

The petitioner, Amar Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 22 June 2018 passed by the Judicial Magistrate, First Class, Patna, which had taken cognizance of offences under Sections 376, 506 and 420 of the Indian Penal Code. The petitioner argued that the proceedings had become infructuous and therefore the application should be dismissed. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioner's request. The Court examined the submissions and noted that there was no longer any live controversy requiring judicial intervention. Consequently, the Court held that the criminal miscellaneous application was infructuous and disposed of it. No order to quash the earlier magistrate's order was made.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 CrPC can be dismissed as infructuous
  • Whether the order taking cognizance of offences under Sections 376, 506 and 420 IPC can be quashed

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • infructuous
  • cognizance
  • IPC Sections 376 506 420
  • criminal miscellaneous application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58437 of 2018
                       Arising Out of PS. Case No.-42 Year-2017 Thana- MAHILA P.S. District- Patna
                 ======================================================
                 Amar Kumar @ Sonu S/o Sri Ajay Kumar Verma, R/v Korwa, Korawan, P.S.-
                 Naubatpur, Distt.- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar.
           2.    Saloni Kumari D/o Late Mritunjay Sharma, R/v Khajuri, P.O.- Khajuri, P.S.-
                 Naubatpur, Distt.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Kumar Sinha, Advocate.
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   27-02-2026                  Heard learned counsel for the petitioners 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

                   22.06.2018 passed by J.M., 1st Class, Patna in connection with

                   Mahila P.S. Case No.42 of 2017, G.R. No.4377 of 2017 by

                   which cognizance was taken against the petitioner under

                   Sections 376, 506, 420 of the I.P.C.

                                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.
              Patna High Court CR. MISC. No.58437 of 2018(2) dt.27-02-2026
                                                          2/2




                                     5. Considering the submissions of learned counsels

                        for the parties, the present Cr. Misc. Application stands disposed

                        of having become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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