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Patna High Court

Sita Devi and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The criminal miscellaneous application is dismissed as infructuous.

Summary

Petitioners Sita Devi and Anutha Rai filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 29‑11‑2018 of the Sub‑Divisional Judicial Magistrate (East), Muzaffarpur, which had rejected their application for discharge under Section 239 of the CrPC. The petitioners argued that the matter had become infructuous and should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' prayer. After hearing both sides, the Patna High Court held that the application was indeed infructuous and therefore disposed of it. The order effectively leaves the original trial proceedings unaffected.

Issues considered

  • Whether the order of the Sub‑Divisional Judicial Magistrate rejecting the discharge application can be quashed under Section 482 CrPC
  • Whether the criminal miscellaneous application has become infructuous and should be dismissed

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 239
  • quash order
  • infructuous
  • discharge application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80474 of 2018
                    Arising Out of PS. Case No.-22 Year-2014 Thana- MAHILA P.S. District- Muzaffarpur
                 ======================================================
           1.     Sita Devi Wife of Anutha Rai
           2.    Anutha Rai Son of Late Phaguni Rai Both Resident of Village - Pakri
                 Pakohi, P.S.- Karza, District -Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar.
           2.    Sabita Devi Wife of Ravi Ranjan Kumar, Daughter of Bhubneshwar Prasad
                 Sharma Resident of Mohalla - R.C. Mitra Lane, West of Orient Club,
                 Aamgola, P.O. H.P. Office, P.S.- Town, District -Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nachiketa Jha, Advocate.
                 For the Opposite Party/s :        Mr. Ram Sevak Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   06-07-2026                  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

                   29.11.2018 passed by learned S.D.J.M. (East) Muzaffarpur in

                   Trial No.1378 of 2018 arising out of Mahila P.S. Case No.22 of

                   2014 by which the application for dicharge under Section 239 of

                   Cr.P.C. was rejected.

                                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.80474 of 2018(4) dt.06-07-2026
                                                          2/2




                        prayer of the petitioners.

                                     5. Considering the submissions of learned counsel for

                        the parties, the present Cr. Misc. Application stands disposed of

                        having become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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