Patna High Court
Sunita KumariversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 is dismissed as infructuous, and no quash order is granted.
Summary
The petitioner, Sunita Kumari, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 25 July 2017 passed by the Chief Judicial Magistrate, Muzaffarpur, which had taken cognizance of offences under Sections 420, 468 and 471 of the Indian Penal Code. The petitioner argued that the proceedings had become infructuous and should be dismissed. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioner's request. The Court, after hearing both sides, held that the application was indeed infructuous and disposed of it accordingly. Consequently, the order of the CJM was not set aside, but the application for quash was dismissed as unnecessary.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be dismissed on the ground that the proceeding has become infructuous
- Whether the order of the Chief Judicial Magistrate taking cognizance under IPC Sections 420, 468 and 471 can be quashed
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 420, 468, 471
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous
- IPC 420
- IPC 468
- IPC 471
- Magistrate Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77760 of 2018
Arising Out of PS. Case No.-785 Year-2015 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
Sunita Kumari D/o Shri Yog Narayan Lal Dutta, Resident of Village-
Sibaiya,P.O- Mahen,Ps. Singhiya, District- samastipur, present address W/o
Sanjay Lal Karn, Village P.O.- Shivdaspur, P. S.- Katra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Nath Kanth, Advocate.
For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-07-2026 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
25.07.2017 passed by learned C.J.M., Muzaffarpur in
Muzaffarpur Town P.S. Case No.785 of 2015 (G.R. No.5374 of
2015), corresponding to Trial No.1692 of 2018 by which
cognizance under Sections 420, 468 & 471 of the I.P.C. has
been taken against the petitioner.
3. Learned counsel for the petitioner submits that this
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.
Patna High Court CR. MISC. No.77760 of 2018(2) dt.09-07-2026
2/2
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of having become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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