Patna High Court
Md. Majid @ Abdul Majid and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as infructuous.
Summary
The petitioners sought to quash an order dated 05-11-2018 in which the Additional Sessions Judge, Katihar, refused to discharge them from charges under IPC sections 363, 366(a), 376, 504/34 and Section 4 of the POCSO Act. The petition was filed after the underlying criminal case had already been disposed of. The State’s counsel raised no objection to the petitioners’ request. The High Court observed that since the main case was concluded, the petition had become infructuous and therefore could not be entertained. Consequently, the court disposed of the petition as infructuous.
Issues considered
- Whether a petition for quashing an order is maintainable when the underlying criminal case has already been disposed of
- Whether the petition becomes infructuous and should be dismissed
Legislation cited
- Indian Penal Code — s. 363, 366(a), 376, 504/34
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- quash petition
- infructuous
- IPC
- POCSO Act
- criminal discharge
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80683 of 2018
Arising Out of PS. Case No.-201 Year-2017 Thana- ABADPUR District- Katihar
======================================================
1. Md. Majid @ Abdul Majid S/o- Late Sarifuddin,
2. Nurjaha @Nurjaha Khatoon W/o- Abdul Majid
3. Md. Nurwa, S/o- Abdul Majid,
All are Resident of Village - Sirajmani, P.S.- Abadpur, District- Katihar.
4. Mosmina Khatoon @Josmina Khatoon D/o- Abdul Majid, Wife of
Musharaf, Resident of Village - Dariyapur, P.S.- Balia Belone, District -
Katihar.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Latifur Rahman S/o- Late Himmat Ali Resident of Village - Sirajmani, P.S.-
Abadpur, District- Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Helal Ahmad, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 This petition has been filed for quashing of order
dated 05.11.2018 passed in G.R. No.5812 of 2017 arising out of
Abadpur P.S. Case No.201 of 2017 whereby and whereunder
learned 1st Additional Sessions Judge, Katihar refused to
discharge the petitioners from the offence under Sections 363,
366(a), 376, 504/34 of I.P.C. and Section 4 of POCSO Act.
2. From the status report, it appears that the said case
has already been disposed of.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
Patna High Court CR. MISC. No.80683 of 2018(2) dt.31-01-2026
2/2
4. Learned APP for the State has no objection to this
prayer of the petitioners.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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