Patna High Court
Santosh Kumar @ Santosh Kumar ChaubeyversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 34, 498(A)
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
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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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