Patna High Court
Kausar Perween @ Kaushar Praveen and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of as infructuous and is not entertained.
Summary
The petitioners, Kausar Perween and Rehana Khatoon, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 4 October 2018 passed by the Sessions Judge, Katihar, which had dismissed their revision petition against an order of cognizance dated 22 March 2017 under IPC Sections 147, 323 and 379. The petitioners argued that the matter had become infructuous and therefore the application should be dismissed. The State of Bihar, represented by its A.P.P., raised no objection to the petitioners' request. The learned High Court, after hearing counsel for both sides, held that the application was indeed infructuous. Consequently, the Court disposed of the criminal miscellaneous application without further interference. The order reflects the Court’s discretion under Section 482 to decline to interfere where the proceeding is no longer viable.
Issues considered
- Whether a criminal miscellaneous application under Section 482 CrPC can be entertained when the subject matter has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 323, 379
Subjects
- Section 482
- quash order
- infructuous
- criminal miscellaneous application
- revision petition
- IPC sections 147, 323, 379
- High Court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80417 of 2018
Arising Out of PS. Case No.-115 Year-2017 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
1. Kausar Perween @ Kaushar Praveen D/o Md. Late Jafar Ahmad.
2. Rehana Khatoon, w/o Md. Sakil ahmad Ansari @ Payare @ Md. Shakil
Ahamed Ansari. Both resident of Mohalla- Kulipara, P.S. nagar, Distt.-
Katihar.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Md. Afroj ahmad, Son of late Jaffar Ahmad, resident of Mohalla - kulipara,
P.S. - Nagar, District- Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Prasad Singh, Advocate.
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners 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
04.10.2018 passed by learned Sessions Judge, Katihar in
Criminal Revision No.47 of 2017 by which the revision petition
was dismissed against the order of cognizance dated 22.03.2017
under Sections 147, 323, 379 of the I.P.C.
3. Learned counsel for the petitioners 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
Patna High Court CR. MISC. No.80417 of 2018(2) dt.02-02-2026
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prayer of the petitioners.
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/-
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