Patna High Court
Sushil Jha @ Sushil Kumar Jha @ Madan Kant Jha @ Madan JhaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of on the ground that the case has become infructuous, and no quashing order is granted.
Summary
The petitioner, Sushil Jha, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 22 September 2017 passed by the Sub-Divisional Judicial Magistrate, Supaul, which had taken cognizance of offences under Sections 323, 504 and 498(A) of the Indian Penal Code, as well as the subsequent order dated 24 July 2018 dismissing his revision petition. The State of Bihar, represented by an Additional Public Prosecutor, did not oppose the petition. The learned counsel for the petitioner argued that the matter had become infructuous and should therefore be disposed of. The court examined whether a petition under Section 482 could be entertained when the underlying criminal proceedings are no longer pending. Finding no objection from the State and accepting the claim of infructuity, the court disposed of the petition. Consequently, the orders of the lower courts were not set aside, and the petition was closed as moot.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing criminal proceedings can be entertained when the case has become infructuous.
- Whether the orders of the Sub‑Divisional Judicial Magistrate and the Sessions Judge should be set aside on the ground of infructuity.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 498(A), 504
Subjects
- Criminal Procedure
- Section 482
- Infructuous case
- Quash petition
- Dismissal of revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67531 of 2018
Arising Out of PS. Case No.-292 Year-2017 Thana- COMPLAINT CASE District- Supaul
======================================================
Sushil Jha @ Sushil Kumar Jha @ Madan Kant Jha @ Madan Jha Son of late
Rama Kant Jha Resident of Village- Parri, P.S.Bangaon, District- Saharsa.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Priti Kumari Daughter of Sri Lalit Mishra Resident of Village- Karnpur,
P.S.District- Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Anant Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-05-2026 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 22.09.2017 passed by
the learned S.D.J.M., Supaul in Complaint Case No. 292 of
2017 by which cognizance was taken against the petitioner
under Sections 323, 504, 498(A) of the I.P.C. and also for
quashing the order dated 24.07.2018 passed in Cr. Revision No.
13 of 2018 by the learned Sessions Judge, Supaul by which the
said revision petition was dismissed.
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
Patna High Court CR. MISC. No.67531 of 2018(3) dt.12-05-2026
2/2
disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
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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