Created by Fuzzy Cloud

Patna High Court

Janki Devi and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the underlying case has become infructuous.

Summary

The petitioners Janki Devi, Rubi Devi and Phula Devi filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 26 September 2018 passed by the Additional Sessions Judge, which had partly allowed their earlier petition under Section 228 CrPC. The High Court noted that the underlying case (Hilsa P.S. Case No. 480 of 2013) had already been disposed of on 4 April 2026, as per a report from the lower court. The petitioners argued that the matter had become infructuous and should be dismissed. The State had no objection to this submission. Considering the facts that the original case was concluded, the High Court disposed of the petition as infructuous. The order effectively quashes the pending petition without further hearing.

Issues considered

  • Whether a petition under Section 482 CrPC seeking quash of an order can be dismissed on the ground that the underlying case has become infructuous.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 228
  • Quash Petition
  • Infructuous
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66213 of 2018
                        Arising Out of PS. Case No.-480 Year-2013 Thana- HILSA District- Nalanda
                 ======================================================
           1.     Janki Devi Wife of Raghubir Prasad,
           2.    Rubi Devi, Wife of Dilip Kumar,
           3.    Phula Devi, Kumari Daughter of Raghubir Prasad, All resident of Village-
                 Kusita, P.S.- Hilsa Chik Saura in the district of Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    State Of Bihar
           2.    Munna Prasad, Son of Bindeshwari Prasad, resident of Village- Kusita, P.S.-
                 Hilsa Chik Saura in the district of Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Braj Nandan Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Bal Mukund Prasad Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   05-05-2026                    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 26.09.2018 passed by

                   the learned Additional Sessions Judge III, Hilsa (Nalanda) in

                   S.T. No. 165 of 2016, arising out of Hilsa (Chik Saura) P.S.

                   Case No. 480 of 2013 by which the petition filed by the

                   petitioners under Section 228 Cr.P.C. was partly allowed.

                                3. As per the report of the Court concerned, vide letter

                   no. 47/2026 dated 6.04.2026, Hilsa (Chik Saura) P.S. Case No.

                   480 of 2013 has already been disposed of on 04.04.2026.
              Patna High Court CR. MISC. No.66213 of 2018(3) dt.05-05-2026
                                                          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. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.