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Patna High Court

Banwari Paswan and OrsversusState Of Bihar and Anr

Decided
Disposal
DISMISSED

Holding

The application for quashing the order was dismissed as infructuous because the charge sheet had already been framed.

Summary

The petitioners filed an application seeking to quash the order dated 26 April 2016 passed by the Judicial Magistrate, 1st Class, Aurangabad in a criminal complaint (Case No. 254 of 2015). The application was filed after the charge sheet had already been framed against the petitioners and other accused persons, as per the report dated 27 May 2025. The High Court examined whether the petition could still be entertained in view of the subsequent framing of charges. It held that the filing of the charge sheet rendered the petition for quashment infructuous. Consequently, the Court dismissed the application as infructuous and vacated any interim order that may have been in force.

Issues considered

  • What is the effect of framing a charge sheet on a pending application for quashing a lower court's order?

Subjects

  • quash order
  • criminal procedure
  • infructuous application
  • charge framing
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39570 of 2016
                 Arising Out of PS. Case No.-254 Year-2015 Thana- AURANGABAD COMPLAINT CASE
                                                  District- Aurangabad
                 ======================================================
           1.     Banwari Paswan
           2.    Chamar Paswan both S/o Jagdish Paswan
           3.    Mithu Paswan S/o Chamar Paswan
           4.    Pappu Paswan S/o Banwari Paswan
           5.    Rajesh Chourasiya S/o Sita Chourasiya
           6.    Subhash Sharma S/o Gill Sharma
           7.    Phulmatiya Devi W/o Banwari Paswan All persons are R/o Miya Bigha, P.S.
                 - Kasma, Dist. - Aurangabad Bihar.
           8.    Kamlesh Paswan S/o Late Shivlakh Paswan, Brother in law of Banwari R/o
                 Village - Bhadwan, P.S. Rafiganj, Distt. Aurangabad.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    State Of Bihar
           2.    Meena Devi W/o Kuldip Yadav R/o Vill - Miya Devi, P.S. - Kasma, Dist. -
                 Aurangabad Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Shri Prakash Tiwari
                 For the Opposite Party/s :   Mr.Sri Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   08-01-2026                     Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The present application has been filed for quashing

                   the order dated 26.04.2016 passed by the Judicial Magistrate, 1 st

                   Class, Aurangabad in connection with Complaint Case No. 254

                   of 2015 / Trial No. 1520 of 2016.

                                3. From the report of the concerned Court below dated
          Patna High Court CR. MISC. No.39570 of 2016(5) dt.08-01-2026
                                                      2/2




                    27.05.2025 it appears that the charge has been framed against

                    the petitioner and other accused persons.

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

                    infructuous.

                                 5. Accordingly, this application is dismissed as having

                    become infructuous and interim order, if any, is hereby vacated.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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