Patna High Court
Banwari Paswan and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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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