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Patna High Court

Paripurnanand Jha @ Paripurnand JhaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition was disposed of on the ground that the case had become infructuous.

Summary

The petitioner, Paripurnanand Jha, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20 August 2018, in which the Additional District & Sessions Judge had rejected his application under Section 227 CrPC. The petitioner argued that the case had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petition. The High Court, after hearing both sides, agreed that the proceedings were indeed infructuous. Consequently, the Court disposed of the petition without further order.

Issues considered

  • Whether a petition under Section 482 CrPC for quashing an order is maintainable when the underlying case has become infructuous

Subjects

  • Criminal Procedure Code
  • Section 482
  • Section 227
  • quash order
  • infructuous case
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66845 of 2018
                      Arising Out of PS. Case No.-4 Year-2015 Thana- KALUAHI District- Madhubani
                 ======================================================
                 Paripurnanand Jha @ Paripurnand Jha Son of Late Mahanand Jha, Resident of
                 Village- Haripur, Buxi Tole, P.S.- Kaluahi, District- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    Pinky Devi, Daughter of Late Vasudeo Kamti, Resident of Village- Haripur,
                 Buxi Tole, P.S.- Kaluahi, District- Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. S.M. Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   02-04-2026                    Heard learned counsel for the petitioner 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 20.08.2018 passed by

                   the learned Addl. District & Sessions Judge-II, Madhubani in

                   Sessions Trial No. 335 of 2017, arising out of Kaulahi P.S. Case

                   No. 04 of 2015 by which application filed by the petitioner

                   under Section 227 Cr.P.C. was rejected.

                                3. Learned counsel for the petitioner submits that this

                   case has become infructuous, accordingly, the same may be

                   disposed of.

                                4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.66845 of 2018(2) dt.02-04-2026
                                                          2/2




                        prayer of the petitioner.

                                     5. Considering the submissions of the learned

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

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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