Patna High Court
Archana @ Varsha @ Archana Surya @ Archna Kumari and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the application as infructuous, thereby refusing to quash the earlier order.
Summary
The petitioners, a group of women and a man residing in Bhagalpur, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 31 March 2018 passed by the Chief Judicial Magistrate, Bhagalpur, which had taken cognizance of offences under Sections 173, 363, 365, 188, 186 and 120B of the Indian Penal Code. The petition argued that the matter had become infructuous and should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the prayer. The Court, after hearing both sides, held that since the case was no longer viable, the application could be disposed of as infructuous. Consequently, the petition was dismissed without further proceedings.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. for quashing an order can be dismissed on the ground that the proceeding has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 173, 186, 188, 363, 365
Subjects
- Section 482 Cr.P.C.
- quash order
- infructuous proceeding
- criminal miscellaneous application
- cognizance of offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70844 of 2018
Arising Out of PS. Case No.-336 Year-2017 Thana- BHAGALPUR KOTWALI District-
Bhagalpur
======================================================
1. Archana @ Varsha @ Archana Surya @ Archna Kumari Wife of Sri Subhash
Surya,
2. Geeta Devi, Wife of Sri Pravesh Chandra Singh,
3. Subhash Arya @ Subhash Kumar Singh, Son of Sri Pravesh Chandra Singh,
4. Pravesh Chandra Singh, Son of Late Surya Narayan Singh, All are resident
of Mohalla and P.S.- Tilkamanjhi, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Chandra, Advocate.
For the Opposite Party/s : Smt. Nirmala Kumari, A.P.P.
======================================================
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. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
31.03.2018 passed by learned Chief Judicial Magistrate,
Bhagalpur in connection with Tilkamanjhi (Kotwali) P.S. Case
No.336 of 2017 by which cognizance under Section 173, 363,
365, 188, 186, 120B of the I.P.C. has been taken against the
petitioners.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
Patna High Court CR. MISC. No.70844 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. Considering the submissions of learned counsels
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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