Patna High Court
Dr. Krishna Kumar and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The criminal miscellaneous application is disposed of without granting the relief sought.
Summary
The petitioners, Dr. Krishna Kumar and Dr. Nishita Sinha, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 26 October 2016 passed by the Judicial Magistrate First Class, Danapur, in connection with Complaint Case No.1363(C) of 2015. During the hearing on 26 March 2026, the petitioners informed the court that they no longer wished to pursue the petition and requested that the application be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions of both parties. Consequently, the court disposed of the criminal miscellaneous application without granting any order to quash the earlier magistrate’s order.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. seeking quash of the magistrate’s order should be entertained
- Whether the application should be disposed of upon the petitioners' request to withdraw
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Withdrawal of Petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60560 of 2018
Arising Out of PS. Case No.-1363 Year-2015 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Dr. Krishna Kumar S/o Late Triweni Kumar,
2. Dr. Smt. Nishita Sinha W/o Dr. Krishna Kumar, Both R/o Mohalla-
Maharaja Kameshwar Complex, P.S.- Kotwali, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Vijay Kumar S/o Late Mahanand Yadav, R/o Vill.- Yamunapur, P.S.- Bihta,
District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shruti Sinha, Advocate.
For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 26-03-2026 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
26.10.2016 passed by learned J.M. 1st Class, Danapur in
connection with Complaint Case No.1363(C) of 2015.
3. Learned counsel for the petitioners submits that he
does not want to press the present petition, accordingly, prays
that the present case 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.60560 of 2018(2) dt.26-03-2026
2/2
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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