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Patna High Court

Mritunjay Pd. Sharma @ Arjun Mistry and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application for quashing was dismissed as the petition had become infructuous.

Summary

The petitioners, Mritunjay Pd. Sharma and Rinku Sharma, filed an application under Section 239 of the Criminal Procedure Code seeking to quash an order dated 02 July 2018 passed by the Sub‑Divisional Judicial Magistrate, Nalanda, which had dismissed their earlier petition. The order in question arose from G.R. Case No. 362 of 2017 relating to Nalanda Mahila Police Station Case No. 18 of 2017. The petitioners argued that the matter had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The High Court, after hearing counsel, agreed that the petition was no longer capable of being pursued and disposed of the application as infructuous, effectively dismissing the petition.

Issues considered

  • Whether the petition for quashing the order dated 02‑07‑2018 is maintainable when the subject matter has become infructuous.

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 239
  • quash petition
  • infructuous
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70617 of 2018
                      Arising Out of PS. Case No.-18 Year-2017 Thana- MAHILA P.S. District- Nalanda
                 ======================================================
           1.     Mritunjay Pd. Sharma @ Arjun Mistry Son of Jaldhari Mistry.
           2.    Rinku Sharma, W/o Mritunjay Pd. Sharma @ Arjun Mistry,
                 Both Resident of Village- Barui, P.S. Sheikhpura, District- Sheikhpura.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    State Of Bihar
           2.    Khushabu Kumari, D/o Karu Mistry, Resident of Village- Bhojpur, P.S.
                 Giriyak, District Nalanda, at present C/o Mantu Kumar, Resident of Village-
                 Barui, P.S. District- Sheikhpura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Asha Kumari, Advocate
                 For the Opposite Party/s :        Mr. Rajeev Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-05-2026                 Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                               2. This application has been filed for quashing the

                   order dated 02.07.2018 passed in G.R. Case No.362 of 2017

                   arising out of Nalanda Mahila P.S. Case No.18 of 2017 by

                   learned      Sub-Divisional         Judicial     Magistrate,       Nalanda         at

                   Biharsharif whereby and whereunder the court concerned

                   dismissed the petition filed on behalf of petitioners under

                   Section 239 of Cr.P.C.

                               3. Learned counsel for the petitioners submits that this

                   case may be disposed of as it has now become infructuous.
           Patna High Court CR. MISC. No.70617 of 2018(2) dt.05-05-2026
                                                       2/2




                                4. Learned A.P.P. for the State has no objection to this

                     prayer of the petitioners.

                                5. In view of the submission of the learned counsel for

                     the petitioners, this application is disposed of as having become

                     infructuous.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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