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Patna High Court

Poonam KumariversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as infructuous and the order is not quashed.

Summary

The petitioner, Poonam Kumari, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 04.05.2018 passed by the Chief Judicial Magistrate, Bhojpur. The order related to case No. 56 of 2018 (G.R. No. 421 of 2018). The petitioner argued that the proceedings had become infructuous and therefore should be disposed of. The State of Bihar, as respondent, raised no objection to the petitioner's prayer. The High Court, after considering the submissions, held that the petition was indeed infructuous and disposed of the case accordingly.

Issues considered

  • What is the appropriate jurisdiction of the High Court under Section 482 Cr.P.C. to quash the order?
  • Whether the petition is maintainable given that the proceedings have become infructuous?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Petition
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76570 of 2018
                      Arising Out of PS. Case No.-56 Year-2018 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Poonam Kumari Wife of Ajeshwar Kumar Durg, Resident of Village- Bela,
                 P.S. Krishnagadh, District- Bhojpur, at present Mohalla- House of Ramjee,
                 Shivganj, P.S.- Ara Town, District- Bhojpur.
                                                                           ... ... Petitioner/s

                                                       Versus
                 1.    The State of Bihar
                 2.    Rajesh Kumar, son Ram Shevak Ram, r/v Karnpura (Pethiyan), P.S.-
                       Ganga Bridge, District- Vaishali.
                 3.    Santy Supreme, D/o Ajeshwar Kumar Durg, R/m- House of Raman
                       Jee, Shivganj, P.S.-Ara Town, District-Bhojpur, at present vill-
                       Karnpura(Pethiyan),P.S.-Ganga Bridge, District-Vaishali.

                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madhuranand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-07-2026                   The present petition has been filed under Section 482

                   Cr.P.C. for quashing the order dated 04.05.2018 passed by the

                   learned Chief Judicial Magistrate, Bhojpur at Ara in Ara Town

                   P.S. Case No. 56 of 2018, corresponding to G.R. No. 421 of

                   2018.

                                2. Learned counsel for the petitioner submits that this

                   case has become infructuous, accordingly, the same may be

                   disposed of.

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

                   prayer of the petitioner.

                                4. Considering the submissions of the learned counsel
              Patna High Court CR. MISC. No.76570 of 2018(2) dt.06-07-2026
                                                          2/2




                        for the parties, the present case is disposed of having become

                        infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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