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Patna High Court

Punam Kumari @ Punam and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court held that the criminal proceeding had become infructuous and therefore the petition under Section 482 CrPC was disposed of, quashing the earlier order.

Summary

The petitioners, a group of residents of Begusarai, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 04 July 2017 passed by the Chief Judicial Magistrate, Begusarai, which had taken cognizance of offences under Sections 406 and 420 of the Indian Penal Code. They contended that the criminal proceeding 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' prayer. The High Court, after hearing counsel for both sides, agreed that the proceeding was indeed infructuous. Consequently, the Court disposed of the petition, effectively quashing the earlier order. The decision underscores the Court's discretion under Section 482 CrPC to dismiss proceedings that have become moot.

Issues considered

  • Whether a petition under Section 482 CrPC can be entertained to quash a criminal order when the proceeding is alleged to be infructuous.
  • Whether the criminal proceeding in the present case had become infructuous warranting its disposal.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Infructuous proceeding
  • Quash petition
  • IPC 406
  • IPC 420

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63689 of 2018
                    Arising Out of PS. Case No.-34 Year-2016 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
           1.     Punam Kumari @ Punam W/o Sanjeev Kumar Singh,
           2.    Sanjeev Kumar Singh, S/o Late Hare Kishun Singh,
           3.    Subodh Kumar, S/o Late Hare Kishun Singh,
           4.    Sudhir Kumar @ Sudhir Kumar @ Pravin Kumar, S/o Late Hare Kishun
                 Singh All resident of Mohalla- Sarvodaya Nagar, Ward No. 40, PO-
                 Mirjapur Vandvar, PS- Town, District- Begusarai.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    State Of Bihar
           2.    Mosmat Mahant Rinku Das, W/o Late Mahant Ganesh Das, R/o Mohalla-
                 Sarvodaya Nagar, Ward No. 40, PO- Mirjapur Vandvar, PS- Town, Circle,
                 Sub- Division and District- Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Amit Narayan, Advocate
                                                Mr. Gaurav Kumar Sinha, Advocate
                                                Mr. Abhishek Ranjan, Advocate
                                                Mr. Daya Shankar Prasad Sinha
                 For the Opposite Party/s :     Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   04-05-2026                    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 04.07.2017 passed by

                   the learned Chief Judicial Magistrate, Begusarai in (Begusarai)

                   Complaint Case No. 34-C/2016 by which cognizance was taken

                   against the petitioners under Sections 406 and 420 of the I.P.C.

                                 3. Learned counsel for the petitioners submits that this
              Patna High Court CR. MISC. No.63689 of 2018(3) dt.04-05-2026
                                                          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 counsel

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

                        infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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