The Patna High Court dismissed an oral criminal miscellaneous petition as infructuous because the petitioner had already filed a separate quashing application against the rejected discharge order due to changed circumstances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45382 of 2010 ====================================================== Dr. Dilip Chaudhary, S/o Late Umesh Chaudhary, resident of Mohalla & P.O. – Lalbagh, P.S., Town & District - Darbhanga. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ms. Meena Chaudhary, W/o Late Shiva Chaudhary, resident of Mohalla - Kotwali Chowk, P.S., Town & District - Darbhanga. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11 21-09-2012 It was submitted by learned counsel for the petitioner that the present petition was filed against order of cognizance. He submits that during the pendency of this petition , petition for discharge was also rejected and against that order this petitioner has preferred a quashing application vide Cr. Misc. No. 5181 of 2012, and he submits that this case may be directed to be placed along with the said case. This submission was made in presence of learned counsel appearing on behalf of opposite party no. 2.
The Court is of the opinion that that since in view of change of circumstances the petitioner has already filed a separate petition for quashing of order, whereby, discharge petition has already been rejected, no purpose would be served in keeping the matter pending. This petition has become infructuous.
Patna High Court Cr.Misc. No.45382 of 2010 (11) dt.21-09-201
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The petition stands dismissed as same has become infructuous.
(Rakesh Kumar, J)
Praful/-
Dr. Dilip Chaudhary
The State Of Bihar
Ms. Meena Chaudhary
Rakesh Kumar
As recorded by the court registry
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