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Patna High Court

Md. Majid @ Abdul Majid and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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