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Patna High Court

VEER SINGHversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for quashing the FIR is dismissed as it has become infructuous due to the prior disposal of the case by the lower court.

Summary

The petitioner, Veer Singh, filed an application seeking to quash FIR No.117 of 2019 registered at Balia Police Station. The application was pending before the High Court when the lower court had already disposed of the proceedings on 18 December 2023. The Court observed that since the matter had been finally decided by the lower court, the petition to quash the FIR could no longer be entertained. Consequently, the application was held to be infructuous. The High Court dismissed the petition on this ground.

Issues considered

  • Whether an application for quashing an FIR is maintainable when the lower court has already disposed of the case?

Subjects

  • Criminal Procedure Code
  • Quash of FIR
  • Infructuous Application
  • Dismissal
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.35345 of 2019
                        Arising Out of PS. Case No.-117 Year-2019 Thana- BALIYA District- Begusarai
                  ======================================================
                  VEER SINGH S/o Late Ramdeo Singh R/o village- Chhoti Balia Bazar, P.S.-
                  Balia, District- Begusarai
                                                                       ... ... Petitioner/s
                                               Versus
            1.     The State of Bihar Bihar
            2.     The Sub Divisional Officer, Balia, District- Begusarai Bihar
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Sumeet Kumar Singh
                  For the Opposite Party/s :        Mr.Jharkhandi Upadhyay
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    29-01-2026                    Heard the parties.

                                 2. Though, this application has been filed for quashing

                    the FIR bearing Balia P.S. Case No. 117 of 2019 but from the

                    status report of the concerned Court below it is clear that the

                    proceedings of the Court below have been disposed by the Court

                    below on 18.12.2023.

                                 3. In view of the above, this application has become

                    infructuous.

                                 4. Accordingly, this application is dismissed as having

                    become infructuous.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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