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Patna High Court

Annu Kumari and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as infructuous because the underlying complaint has already been disposed.

Summary

The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07-07-2018 that had taken cognizance of offences under Sections 406, 494, 498 and 120B of the Indian Penal Code. The learned Additional Chief Judicial Magistrate (II) of Saharsa had earlier taken cognizance in Complaint Case No. 1460 of 2017. The court learned that the complaint case had already been disposed of on 31-07-2025, as per the report dated 06-05-2026. The petitioners argued that, because the original case was already concluded, the petition had become infructuous and should be dismissed. The State did not oppose this prayer. Relying on the fact that the underlying complaint was disposed, the High Court held that the petition was infructuous and ordered its disposal. The order effectively quashes the petition without addressing the merits of the original criminal allegations.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing an order remains maintainable when the underlying complaint has already been disposed, rendering the petition infructuous.

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • infructuous petition
  • complaint disposed
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62953 of 2018
                    Arising Out of PS. Case No.-1460 Year-2017 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
           1.     Annu Kumari, Wife of Sunil Bajpayee, D/o Ram Awasthi,
           2.    Sri Ram Awasthi, D/o Late Deo Nandan Awasthi,
           3.    Radha Devi, Wife of Sri Ram Awasthi.
           4.    Bittu Kumar Awasthi, Son of Sri Ram Awasthi. Petitioner no. 1 to 4 resident
                 of Village- Bishanpura, P.S.- Baruraj, District- Muzaffarpur.
           5.    Amar Kumar Shukla Son of Late Mahendra Shukla.
           6.    Nidhi Devi, Wife of Amar Kumar Shukla.
           7.    Laxman Tiwary, Son of Late Ram Bachchan Tiwary, petitioner no. 5 to 7
                 are, resident of Vill.- Tiwary Tola, Saharsa, Ward No. 33, P.S. and District-
                 Saharsa.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    State of Bihar
           2.    Sunil Kumar Bajpayee, Son of Raj Narayan Bajpayee, resident of Village-
                 Tiwary Tola, Ward No. 33, Saharsa, P.S. and District- Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :    Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   22-06-2026                    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 07.07.2018 passed by

                   the learned A.C.J.M.-II, Saharsa in Complaint Case No. 1460 of

                   2017 by which cognizance was taken against the petitioners for

                   the offences punishable under Sections 406, 494, 498, 120B of
              Patna High Court CR. MISC. No.62953 of 2018(3) dt.22-06-2026
                                                          2/2




                        the I.P.C.

                                     3. As per the report of the learned Court concerned,

                        vide Letter No. 50/26 dated 06.05.2026, Complaint Case No.

                        1460 of 2017 has already been disposed of on 31.07.2025.

                                     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. Considering the submissions of the learned counsel

                        for the parties, the present case is disposed of having become

                        infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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