Patna High Court
Suryadeo Kumar @ Surajdeo KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of as infructuous because the underlying complaint case had already been disposed.
Summary
The petitioner, Suryadeo Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20 April 2018 passed by the Sub‑divisional Judicial Magistrate, Hilsa, which had taken cognizance of offences under Sections 498A and 494 of the Indian Penal Code. The trial court later reported that the complaint case (No. 687C of 2017) had been disposed of on 13 April 2023. The petitioner argued that the criminal proceeding had become infructuous and therefore the petition should be dismissed. The State, through its A.P.P., raised no objection to the petitioner's prayer. The High Court, after hearing both sides, held that since the underlying case was already disposed, the petition was infructuous and accordingly disposed of the petition.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing a criminal order is maintainable when the underlying case has already been disposed and become infructuous
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 494, 498A
Subjects
- Criminal Procedure
- Section 482
- Infructuous Petition
- Quash Petition
- IPC 498A
- IPC 494
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69553 of 2018
Arising Out of PS. Case No.-687 Year-2017 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Suryadeo Kumar @ Surajdeo Kumar S/o Krishna Pd. Chauhan, Resident of
Village Jhing Nagar, Hatia, Police station- Biharsharif, District- Nalanda.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Mamta Kumari, W/o Suryadeo Kumar @ Surajdeo Kumar, D/o Shambhu
Chauhan, R/o Village- Araut, P.S.- Bena, District- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 02-07-2026 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 20.04.2018 passed by the
learned Sub-divisional Judicial Magistrate, Hilsa (Nalanda) in
Complaint Case No. 687 (C) of 2017 by which cognizance was
taken against the petitioner for the offences under Sections
498A, 494 of the I.P.C.
3. As per the report of the learned Trial Court, vide
Letter No. 102 dated 11.06.2026, Complaint Case No. 687C of
2017 has already been disposed of on 13.04.2023.
4. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.69553 of 2018(3) dt.02-07-2026
2/2
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 petitioner.
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.