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Patna High Court

Lorik Manjhi and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the proceedings have become infructuous.

Summary

The petitioners, Lorik Manjhi, Saif Fatah and Md. Tarique Fatah, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 27 February 2018 passed by the Additional Chief Judicial Magistrate, Jehanabad, which had rejected their earlier petition under Section 239 CrPC concerning the framing of charge. The petitioners argued that the matter had become infructuous and therefore should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request for disposal. The Hon’ble Justice Sunil Dutta Mishra considered the submissions of both sides and found no merit in continuing the proceedings. Consequently, the court disposed of the petition on the ground that the case had become infructuous, effectively dismissing the petition without further order.

Issues considered

  • Whether the petition under Section 482 CrPC seeking to quash the order rejecting the Section 239 CrPC petition can be dismissed on the ground that the case has become infructuous?

Legislation cited

Subjects

  • Section 482 CrPC
  • Section 239 CrPC
  • infructuous
  • quash order
  • framing of charge
  • criminal procedure
  • petition dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59482 of 2018
                    Arising Out of PS. Case No.-158 Year-2013 Thana- JAHANABAD District- Jehanabad
                 ======================================================
           1.     Lorik Manjhi Son of Late Dhanki Manjhi,
           2.    Saif Fatah @ Md. Saifu Fatah, Son of Matarique Fatah.
           3.    Md. Tarique Fatah, Son of Late Dr. Abu Fatah, All resident of Village-
                 Sugaon, P.S.- Makhdumpur, P.O.- Makhdumpur, District- Jehanabad.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saobiya Mushtaque, Advocate
                                                  Mr. Yasir Ashraf, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   16-03-2026                   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 27.02.2018 passed by

                   the learned A.C.J.M., Jehanabad in Jehanabad P.S. Case No. 158

                   of 2013 by which petition of the petitioners filed u/s 239 Cr.P.C.

                   on the point of framing of charge was rejected.

                                 3. Learned counsel for the petitioners submits that this

                   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.
              Patna High Court CR. MISC. No.59482 of 2018(2) dt.16-03-2026
                                                          2/2




                                     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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