Patna High Court

USHA SHAHversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The petition is dismissed as it has become infructuous.

Summary

The petitioners, led by Usha Shah, filed an application in the Patna High Court seeking to quash an order dated 4 January 2019 passed by the District and Sessions Judge, Bhojpur, in a criminal revision case. While the petition was pending, the trial court proceeded with the case and the petitioner‑informant filed an application under Section 319 of the Criminal Procedure Code, which was rejected, leading to another criminal miscellaneous application (No. 20164 of 2023) that obtained a stay of the trial. The High Court observed that the matter was now being dealt with in the pending miscellaneous application, rendering the earlier petition to quash the revision order moot. Consequently, the Court held that the petition had become infructuous. The application was therefore dismissed. The order reflects the principle that once a matter is pending in a competent forum, earlier applications seeking the same relief become redundant.

Issues considered

Whether the petition to quash the revision order dated 4‑Jan‑2019 is maintainable given the pendency of a later criminal miscellaneous application
Whether the petition has become infructuous and should be dismissed

Legislation cited

Code of Criminal Procedure, 1973 — s. 319

Subjects

Criminal Procedure
Revision
Quash Order
Section 319 CrPC
Infructuous Petition
Stay of Trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18166 of 2019
                    Arising Out of PS. Case No.-450 Year-2017 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 USHA SHAH Wife of Gopal Prasad Resident of Daudnagar, P.S.- Daudnagar,
                 District- Aurangabad.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Abhishekh Sah Son of Ashok Prasad Shah @ Ashok Prasad @ Ashok
                 Kumar Resident of Ramna Road, Compound of Hariji, Purnima Niketan,
                 P.S.- Nawada, District- Bhojpur at Ara.
           3.    Ashok Prasad @ Ashok Kumar @ Ashok Prasad Shah Son of not known to
                 the petitioner Resident of Ramna Road, Compound of Hariji, Purnima
                 Niketan, P.S.- Nawada, District- Bhojpur at Ara.
           4.    Purnima Devi Wife of Ashok Prasad Sahah Resident of Ramna Road,
                 Compound of Hariji, Purnima Niketan, P.S.- Nawada, District- Bhojpur at
                 Ara.
           5.    Ashish Kumar Son of Ashok Prasad Sahah Resident of Ramna Road,
                 Compound of Hariji, Purnima Niketan, P.S.- Nawada, District- Bhojpur at
                 Ara.
           6.    Sneha Devi Wife of Ashish Kumar Resident of Ramna Road, Compound of
                 Hariji, Purnima Niketan, P.S.- Nawada, District- Bhojpur at Ara.
           7.    Archana Devi Daughter of Ashok Prasad Shah Resident of Ramna Road,
                 Compound of Hariji, Purnima Niketan, P.S.- Nawada, District- Bhojpur at
                 Ara.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jitendra Kumar Roy
                 For the Opposite Party/s :      Mr.Shyameshwar Dayal
                                                 Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-01-2026                    Heard the parties.

                                2. This application has been filed on behalf of the

                   petitioners for quashing the order dated 4.1.2019 passed in Cr.

                   Revision No. 201 of 2018 passed by the learned District and

                   Sessions Judge, Bhojpur at Ara in connection with Ara Nawada
          Patna High Court CR. MISC. No.18166 of 2019(4) dt.20-01-2026
                                                      2/2




                    P.S. Case No. 450 of 2017 by which the order was interferred

                    with by the Revisional Court.

                                 3. Upon perusal of the records, it appears that during

                    pendency of this application, the trial proceeded and an

                    application under Section 319 of the Cr.P.C. was preferred by

                    the petitioner-informant but that application was rejected by the

                    trial Judge and against the same, the petitioner-informant has

                    preferred Cr. Misc. No. 20164 of 2023 and in the same, an

                    interim order has been passed, staying the trial.

                                 4. In the opinion of this court, when the case has

                    proceeded and the matter is pending in this Court in Cr. Misc.

                    No. 20164 of 2023, this application has become infructuous.

                                 5. Accordingly, this application is dismissed as having

                    become infructuous.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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