Patna High Court
Prayag Yadav and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was dismissed as infructuous because the underlying criminal case had already been concluded.
Summary
The petitioners filed a petition under Section 482 CrPC seeking quash of an order dated 01.02.2018 in which their discharge was rejected and charges were framed. The underlying SC/ST case (No.08 of 2016) had already been concluded with the accused acquitted on 14.12.2021. The petitioners argued that the petition had become infructuous. The State had no objection to the prayer. The High Court held that since the substantive criminal proceeding was already disposed, the petition could not be entertained and disposed of it as infructuous.
Issues considered
- Can a petition for quashing an order be entertained when the substantive criminal case has already been disposed and the accused acquitted?
Subjects
- quash petition
- infructuous
- criminal procedure
- SC/ST case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34495 of 2018
Arising Out of PS. Case No.-38 Year-2012 Thana- SC/ST District- Jamui
======================================================
1. Prayag Yadav
2. Krishna Yadav, Son of Prayag Yadav,
3. Sushil Yadav, Son of Prayag Yadav,
All are residents of Village- Tal Saharsa, Police Station- Sikandra, District-
Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bhola Manjhi, Son of Late Gopi Manjhi, Resident of Village- Tal Saharsa,
Police Station- Mushahari Sikandra, District- Jamui.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 28-01-2026 This petition has been filed for quashing of order
dated 01.02.2018 passed by learned Additional District Judge
1st, Jamui in SC/ST Case No.08 of 2016 (Jamui P.S. SC/ST Case
No.38 of 2012) by which discharge petition of the petitioners
was rejected and charge was framed on 08.02.2018 against the
petitioners.
2. From the status report, it appears that SC/ST Case
No.08 of 2016 (Jamui P.S. SC/ST Case No.38 of 2012) pending
in the court concerned has already been disposed of and the
accused persons have been acquitted on 14.12.2021.
3. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.34495 of 2018(2) dt.28-01-2026
2/2
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.
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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