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Patna High Court

Jai Mala Devi and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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