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Patna High Court

Santosh Kumar @ Santosh Kumar ChaubeyversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is dismissed as infructuous and the matter is disposed of.

Summary

The petitioner, Santosh Kumar Chaubey, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 16 October 2017 issued by the Additional Chief Judicial Magistrate, which had taken cognizance of offences under Sections 498(A) and 34 of the Indian Penal Code. The petitioner argued that the case had become infructuous and should be disposed of. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's request. The High Court considered the submissions of both parties and found that the proceedings were indeed infructuous. Consequently, the court disposed of the application without further hearing. The order effectively leaves the original criminal proceedings unaffected but terminates the pending application for quash.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 CrPC for quashing the order is maintainable given that the case has become infructuous.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous
  • Section 498(A)
  • Section 34
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71918 of 2018
                  Arising Out of PS. Case No.-150 Year-2017 Thana- EAST CHAMPARAN COMPLAINT
                                                District- East Champaran
                 ======================================================
                 Santosh Kumar @ Santosh Kumar Chaubey Son of Chandeshwar Chaubey,
                 Resident of Village Jhitkahiyan, P.O.- Sahila Balli, P.S.- Hathauri, District-
                 Muzaffapur.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar.
           2.    Julee Devi Wife of Santosh Kumar Chaubey, Resident of Village
                 Jhitkahiyan, P.O. Sahil Balli, P.S. Hathauri, District Muzaffapur, at present
                 residing D/o Kaushal Kishore Singh, Resident of Village Ruphari, P.O.
                 Kapoor Pakari, P.S. Shikarganj, District East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Shyameshwar Kumar Singh, Advocate.
                 For the Opposite Party/s :    Mr. Dr. Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   14-05-2026                  Heard learned counsel for the petitioner 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

                   16.10.2017 passed by learned Additional Chief Judicial

                   Magistrate, Sikrhana, Dhaka, East Champaran in connection

                   with Complaint Case No.150(C) of 2017 (Trial No.1875 of

                   2017/ 1553 of 2018 by which cognizance under Sections

                   498(A)/34 of the I.P.C. has been taken against the petitioner.

                                3. Learned counsel for the petitioner submits that this
              Patna High Court CR. MISC. No.71918 of 2018(2) dt.14-05-2026
                                                          2/2




                        case may be disposed of as it has become infructuous.

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

                        prayer of the petitioner.

                                     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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