Patna High Court
PANKAJ KUMAR SINGH @ PANKAJ KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application is dismissed as infructuous because the revision has already been allowed by the Principal District and Sessions Judge.
Summary
The petitioners, Pankaj Kumar Singh and Chandra Shekhar Singh, filed a criminal miscellaneous application before the Patna High Court challenging an order of a magistrate. They contended that the application had become infructuous because the Principal District and Sessions Judge, Begusarai, had already taken cognizance of the matter and allowed the revision. The Court observed that since the higher court had already disposed of the issue, there was no longer any controversy for the High Court to consider. Consequently, the application was dismissed as infructuous. The Court further directed that if the magistrate had not yet passed any order following the remand, he must do so within one month of receiving the communication, and the order was to be communicated to the Principal District and Sessions Judge by fax and e‑mail.
Issues considered
- Whether the criminal miscellaneous application is maintainable after the revision has been allowed by the Principal District and Sessions Judge, rendering it infructuous
Subjects
- criminal procedure
- revision
- infructuous application
- high court order
- magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37233 of 2019
Arising Out of PS. Case No.-569 Year-2018 Thana- BARAUNI District- Begusarai
======================================================
1. Pankaj Kumar Singh @ Pankaj Kumar Son of Chandra Shekhar Singh
Resident of Moasadpur, P.O.- Tilrath, P.S.- Barauni, District - Begusarai.
2. Chandra Shekhar Singh Son of Late Ram Prasad Singh @ Chottan Singh
Resident of Moasadpur, P.O.- Tilrath, P.S.- Barauni, District - Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Subodh Kumar Singh S/O Late Surendra Prasad Singh Resident of Village
and Post- Papraur, P.S.- Barauni, Begusarai-851210
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nikhil Kumar Agrawal, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Sandip Kumar Gautam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-01-2026 Heard the parties.
2. Learned counsel for the petitioners submits that this
application has become infructuous as against the order taking
cognizance, revision was preferred and the same has been
allowed by the Principal District and Sessions Judge, Begusarai.
3. In view of the above, this application is dismissed
as having become infructuous.
4. If the Magistrate has not passed any order after
remand by the learned Principal District and Sessions Judge,
Begusarai he should pass the order within one month of the
communication of the order.
Patna High Court CR. MISC. No.37233 of 2019(4) dt.19-01-2026
2/2
5. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Begusarai for its
compliance through FAX and e-mail forthwith.
(Sandeep Kumar, J)
P. Kumar
U T
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