Patna High Court
Rajeev Kumar Tamboli @ Pushkar and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the underlying criminal case has already been disposed of.
Summary
The petitioners, Rajeev Kumar Tamboli, Shyam Prasad Tamboli and Bachchi Devi, filed a petition under Section 482 of the CrPC seeking to quash the order dated 26 June 2018 passed by the Sub‑Divisional Judicial Magistrate, Katihar, in complaint case No. 2754 of 2017. The order had taken cognizance of an alleged offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioners argued that the criminal case had already been disposed of, rendering the petition infructuous. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The High Court, after noting the disposal of the underlying case and the lack of opposition, held that the petition could be dismissed as it had become infructuous, and accordingly disposed of the petition.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a criminal order is maintainable when the underlying case has already been disposed of
Legislation cited
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- quash petition
- Section 498A IPC
- Dowry Prohibition Act
- infructuous petition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70984 of 2018
Arising Out of PS. Case No.-2754 Year-2017 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
1. Rajeev Kumar Tamboli @ Pushkar son of Shyam Pd. Tamboli
2. Shyam Prasad Tamboli, son of late Singheshwar Pd. Tamboli
3. Bachchi Devi w/o Shyam Prasad Tamboli
All are r/o vill. Chhoti Baliya Bazar, P.S. Baliya, District-Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Neha Kumari w/o Rajeev Kumar Tamboli @ Pushkar, D/o Sanjay Kumar
Singh, r/o vill. Jamaitola Kurshela, P.S. Kurshela, District Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Prasad, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 This petition has been filed for quashing of order
dated 26.06.2018 passed by learned Sub-Divisional Judicial
Magistrate, Katihar in connection with Complaint Case No.2754
of 2017 whereby and whereunder the court concerned took
cognizance for the offence under Section 498A of the I.P.C. and
Section 4 of the Dowry Prohibition Act.
2. From the status report, it appears that the said case
has already been disposed of.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
4. Learned APP for the State has no objection to this
Patna High Court CR. MISC. No.70984 of 2018(2) dt.31-01-2026
2/2
prayer of the petitioners.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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