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Patna High Court

Vijay Roy and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The court held that the criminal proceeding had become infructuous and therefore disposed of the petition under its inherent powers.

Summary

The petitioners, a group of family members, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24 March 2017, in which the Siwan Chief Judicial Magistrate had taken cognizance against them under Sections 376 and 120B of the Indian Penal Code. They argued that the criminal proceeding had become infructuous and should therefore be dismissed. The State of Bihar, represented by its Additional Public Prosecutor, raised no objection to the petition. The High Court examined whether the proceeding was indeed infructuous and whether Section 482 could be invoked to quash it. Finding the petitioners' claim credible and with no opposition from the State, the Court held the case to be infructuous and disposed of the petition. Consequently, the order taking cognizance was effectively set aside.

Issues considered

  • Whether the criminal proceeding had become infructuous warranting quash under Section 482 Cr.P.C.
  • Whether the High Court can exercise its inherent powers to set aside the order taking cognizance under Sections 376/120B IPC.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous proceeding
  • Rape (Section 376)
  • Criminal conspiracy (Section 120B)
  • High Court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58667 of 2018
                      Arising Out of PS. Case No.-196 Year-2016 Thana- BASANTPUR District- Siwan
                 ======================================================
           1.     Vijay Roy S/o Late Sudarshan Roy,
           2.    Sheo Kumari Devi W/o Vijay Roy,
           3.    Nibha Kumari @ Nisha Kumari D/o Vijay Roy,
           4.    Mamta Kumari D/o Vijay Roy,
           5.    Sachin Kumar Roy @ Sachin Kumar S/o Vijay Roy,
           6.    Surendra Roy S/o Tilak Roy, All R/o Vill.- Bishunpura, P.S.- Sidhwalia,
                 District- Gopalganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    Puja Kumari D/o Dileep Raut, R/o Vill.- Basaun, P.S.- Basantpur, District-
                 Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramchandra Sahni
                 For the Opposite Party/s :       Mr.Sri Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   09-04-2026                    Heard learned counsel for the petitioners 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 24.03.2017 passed by

                   the learned C.J.M., Siwan in connection with Basantpur P.S.

                   Case No. 196 of 2016, G.R. No. 3613 of 2016, Tr. No. 3724 of

                   2018 by which cognizance was taken against the petitioners

                   under Sections 376/120B of the I.P.C.

                                3. Learned counsel for the petitioners submits that this
              Patna High Court CR. MISC. No.58667 of 2018(3) dt.09-04-2026
                                                          2/2




                        case has become infructuous, accordingly, the same may be

                        disposed of.

                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     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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