Patna High Court
Sahina Bano @ Sanina Bano and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court disposed of the petition as infructuous, without quashing the order, under its inherent powers.
Summary
The petitioners, Sahina Bano and Arfa Khatoon, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 17 September 2018 of the Second Additional Sessions Judge, Jehanabad, which had rejected their discharge petitions filed under Section 227 CrPC. The petition argued that the matter had become infructuous and should be disposed of. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioners' request. The learned High Court, after hearing counsel for both sides, accepted that the case was indeed infructuous. Consequently, the Court disposed of the petition without further hearing. The order reflects the Court's discretion under Section 482 CrPC to dismiss proceedings that have become moot.
Issues considered
- What is the appropriate exercise of the High Court's inherent powers under Section 482 CrPC to quash an order that has become infructuous?
Legislation cited
- Criminal Procedure Code — s. 227, 482
Subjects
- Criminal Procedure Code
- Section 482
- Section 227
- infructuous
- quash order
- discharge petition
- High Court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71343 of 2018
Arising Out of PS. Case No.-80 Year-2016 Thana- JAHANABAD District- Jehanabad
======================================================
1. Sahina Bano @ Sanina Bano Wife of Md. Naushad Alam @ Sad Rahman,
Daughter of Md. Abdul Rauf, Presently residing at Birpur Chowk, Bathnaha,
P.S.- Jogbani, District- Araria.
2. Arfa Khatoon, Wife of Mozahir Hussain, Resident of Supaul, P.S.- Supaul,
District- Supaul.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Mahjabi, Wife of Firoj Alam @ Firoj Khan, Daughter of Md. Mumtaz,
Resident of Mohalla- Gareriya Khand, Jehanabad, P.S. and District-
Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Sri Manish Kumar 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioners 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 dated 17.09.2018 passed by
the learned 2nd Addl. Sessions Judge, Jehanabad in S.T. No. 285
of 2018, 167 of 2018 by which discharge petition filed by the
petitioners under Section 227 Cr.P.C. was rejected.
3. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same may be
disposed of.
Patna High Court CR. MISC. No.71343 of 2018(2) dt.11-05-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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