Patna High Court
Rajiv Kumar Agrawal and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition for quashing the order was dismissed as the criminal proceeding had already been concluded with an acquittal, making the petition infructuous.
Summary
Petitioners Rajiv Kumar Agrawal and Anirudh Agrawal filed a petition under Section 482 CrPC seeking to quash an order dated 04-07-2015 that had taken cognizance of offences under Sections 323 and 504 IPC. The petition argued that the underlying criminal case (Begusarai Town PS Case No.305 of 2014) had already been disposed and the accused acquitted on 24-08-2023, making the petition infructuous. The State of Bihar raised no objection to the prayer. The High Court examined whether a quash petition remains maintainable after the substantive criminal proceeding is concluded. Finding that the matter was moot, the Court disposed of the petition as infructuous. The order was pronounced by Justice Sunil Dutta Mishra on 30-01-2026.
Issues considered
- Whether a petition for quashing a criminal order is maintainable when the criminal case has already been concluded with an acquittal, rendering the petition infructuous.
Legislation cited
- Indian Penal Code — s. 323, 504
Subjects
- quash petition
- infructuous
- criminal procedure
- IPC 323
- IPC 504
- acquittal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13279 of 2018
Arising Out of PS. Case No.-305 Year-2014 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
1. Rajiv Kumar Agrawal Son of Late Arbind Kumar Agrawal,
2. Anirudh Agrawal, Son of Rajiv Kumar Agrawal,
Both resident of Village- Mungeriganj, Police Station- Muffasil, District-
Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 30-01-2026 This petition has been filed for quashing of order
dated 04.07.2015 passed in Begusarai (Town) P.S. Case No.305
of 2014 corresponding to G.R. Case No.2269 of 2014 whereby
learned C.J.M., was pleased to take cognizance for the offence
under Sections 323 and 504 of I.P.C.
2. From the status report, it appears that the said case
has already been disposed of and the accused persons have been
acquitted on 24.08.2023.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
4. Learned APP for the State has no objection to this
prayer of the petitioners.
Patna High Court CR. MISC. No.13279 of 2018(2) dt.30-01-2026
2/2
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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