Patna High Court
Md. Abul Kaise and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is infructuous and is disposed of because the original case has already been concluded.
Summary
The petitioners, Md. Abul Kaise and his wife Sarwari Begam, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 28‑06‑2018 that framed charges under Sections 341, 323, 406, 420, 504/34 of the IPC and Section 3 of the Dowry Prohibition Act. The charge sheet pertained to Supaul Mahila Police Station Case No. 42 of 2015, which, according to the court’s report, had already been disposed of on 28‑01‑2022. The petitioners argued that the matter had become infructuous and should be dismissed. The State’s Additional Public Prosecutor raised no objection to this submission. The court held that, since the original criminal proceeding was already concluded, the petition was indeed infructuous and therefore disposed of without further hearing. The order effectively dismissed the petition.
Issues considered
- Whether a petition under Section 482 Cr.P.C. to quash a charge sheet is maintainable when the original criminal case has already been disposed?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act, 1961 — s. 3
- Indian Penal Code — s. 323, 341, 406, 420, 504/34
Subjects
- Criminal Procedure
- Quash Petition
- Infructuous Petition
- Charge Framing
- Dowry Prohibition Act
- Section 482 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61603 of 2018
Arising Out of PS. Case No.-42 Year-2015 Thana- MAHILA P.S District- Supaul
======================================================
1. Md. Abul Kaise, Son of Late Haji Md. Hanif,
2. Sarwari Begam, Wife of Md. Abul Kaise, Both resident of Village-
Bhokrahi, P.S. Kisanpur, District- Supaul.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Samsa Khatoon, Wife of Md. Sarafat, resident of Village Amuar Tola
Bhokrahi, P.S. Kisanpur, District- Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohammad Sufyan, Advocate
For the Opposite Party/s : Mr. Sri Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-04-2026 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 28.06.2018 passed by
the learned S.D.J.M., Supaul in connection with Supaul Mahila
P.S. Case No. 42 of 2015 (G.R. No. 1007 of 2015) by which
charge has been framed against the petitioner for the offences
under Sections 341, 323, 406, 420 and 504/34 of the I.P.C. and
Section ¾ of the Dowry Prohibition Act.
3. As per report of the Court concerned, Supaul
Mahila P.S. Case No. 42 of 2015 (G.R. No. 1007 of 2015) has
already been disposed of on 28.01.2022.
Patna High Court CR. MISC. No.61603 of 2018(3) dt.20-04-2026
2/2
4. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same may be
disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. Accordingly, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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