Created by Fuzzy Cloud

Patna High Court

Suryadeo Kumar @ Surajdeo KumarversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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


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.