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Patna High Court

LALITA DEVI @ NABITA DEVI @ BABITA KUMARI @ LALITA @LABITA and ANRversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is disposed of as the case has become infructuous.

Summary

The petitioners, Lalita Devi and Sunil Kumar Sah, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a September 2018 order of the Additional Sessions Judge‑cum‑Special Judge (POCSO Act) that had taken cognizance of offences under multiple IPC sections and Section 3(2)(V) of the SC/ST Act. The petitioners argued that the case had become infructuous. The State of Bihar, represented by an A.P.P., raised no objection to the petitioners' request. The High Court, after hearing both sides, held that the application could be disposed of because the proceedings were indeed infructuous. Consequently, the application was dismissed and the matter was closed.

Issues considered

  • Whether the criminal proceedings have become infructuous warranting disposal of the application under Section 482 CrPC

Legislation cited

Subjects

  • criminal procedure
  • section 482
  • quash order
  • infructuous
  • POCSO Act
  • IPC
  • SC/ST Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69337 of 2018
                     Arising Out of PS. Case No.-921 Year-2017 Thana- FORBESGANJ District- Araria
                 ======================================================
           1.     Lalita Devi @ Nabita Devi @ Babita Kumari @ Lalita @ Labita Wife of
                  Sunil Kumar Sah.
           2.    Sunil Kumar Sah of Late Band Lal Sah, both Resident of Village-Mia Haat,
                 Chauraprava, Ward No.09, P.S.-Forbesganj, District-Araria.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State of Bihar.
           2.    Lalmuni Devi Wife of Prakash Das, Resident of Village-Mia Haat,
                 Chauraprava, Ward No.09, Bhagkohaliya, P.S.-Forbesganj, District-Araria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar Mandal, Advocate.
                 For the Opposite Party/s :       Mr. Ahmad Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   30-06-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   06.09.2018 passed by learned 1st Additional Sessions Judge-

                   cum-Special Judge POCSO Act, Araria, District Araria in

                   connection with Special Case No.167 of 2018 arising out of

                   Forbesganj P.S. Case No.921 of 2017 vide G.R. No.3809 of

                   2017 by which cognizance under Sections 147, 148, 149, 341,

                   323, 324, 307, 302, 354, 504 & 506 of the I.P.C. and Section

                   3(2)(V) of the SC/ST Act has been taken against the petitioners.
              Patna High Court CR. MISC. No.69337 of 2018(3) dt.30-06-2026
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                                     3. Learned counsel for the petitioner submits that this

                        case has become infructuous, accordingly, he prays that the

                        present Cr. Misc. Application 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 learned counsel for

                        the parties, the present Cr. Misc. Application stands disposed of

                        as it has become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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