Patna High Court
Jai Mala Devi and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of on the ground that the proceedings have become infructuous.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a 2010 order of the Judicial Magistrate that had taken cognizance of offences under Sections 498A, 323 and 406 of the Indian Penal Code. They argued that the case had become infructuous. The State, represented by an Additional Public Prosecutor, raised no objection to the petition. The court, after hearing both sides, accepted that the proceedings were indeed infructuous and ordered the petition to be disposed of. Consequently, the earlier order was effectively set aside as the matter no longer required adjudication.
Issues considered
- Whether the petition under Section 482 Cr.P.C. for quashing the magistrate's order can be entertained when the case is alleged to be infructuous
- Whether the court should dispose of the petition on the ground of infructuity
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 406, 498A
Subjects
- Criminal Procedure
- Section 482
- Infructuous proceedings
- Quash petition
- IPC offences
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73819 of 2018
Arising Out of PS. Case No.-1254 Year-2010 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Jai Mala Devi W/o Dr. Kailash Prasad Sah
2. Dr. Kailash Prasad Sah S/o Late Bharat Prasad Sah
3. Anupam Rakesh S/o Dr. Kailash Prasad Sah All are Resident of Mohalla-
Wazd Al Lane Urdu Bazar, P.S. Tatarpur, Distt.-Bhagalpur
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nutan Devi D/o Late Rajendra Prasad Gupta W/o Anupam Rakesh Resident
of Mohalla-Bakarganj, Mkhania Gali, P.S. Pirbahore, Distt.-Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 23-06-2026 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 07.06.2010 passed by
the learned Judicial Magistrate 1st Class, Patna in Complaint
Case No. 1254 (C) of 2010 by which cognizance was taken
against the petitioners for the offences punishable under
Sections 498A, 323, 406 of the I.P.C.
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.73819 of 2018(2) dt.23-06-2026
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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