Patna High Court
Shankar Prasad Barnwal and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of as the criminal proceeding had become infructuous.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24 May 2017 that had taken cognizance against them under Sections 323, 379, 504 and 147 of the Indian Penal Code. The lower court had already disposed of the complaint case and the accused were acquitted on 3 December 2021. The State opposed the petition, submitting that the matter had become infructuous. The High Court examined whether a quash petition could still be entertained when the original criminal proceeding had been concluded with an acquittal. Finding that the case was indeed infructuous, the Court disposed of the petition without further hearing. The order effectively dismissed the petition as moot.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing a criminal proceeding is maintainable when the proceeding has already been disposed of and the accused acquitted.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 323, 379, 504
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quash Petition
- Acquittal
- Infructuous Case
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4305 of 2018
Arising Out of PS. Case No.-2072 Year-2014 Thana- COMPLAINT CASE District- Jamui
======================================================
1. Shankar Prasad Barnwal S/o Late Dwarika Prasad, R/o Hariharpur, P.S.-
Hariharpur, District- Dhanbad, Jharkhand.
2. Bina Devi @ Bina Barnwal W/o Shankar Prasad Barnwal, R/o Hariharpur,
P.S.- Hariharpur, District- Dhanbad, Jharkhand.
3. Subodh Prasad Barnwal @ Subodh Kumar S/o Late Bharat Lal Barnwal, R/o
Villlage- Paira Matihani, P.S.- Sono, District- Jamui.
4. Soni Devi @ Sneha Priya W/o Subodh Prasad Barnwal, R/o Village- Paira
Matihani, P.S.- Sono, District- Jamui.
5. Vishal Barnwal S/o Shankar Prasad Barnwal, R/o Hariharpur, P.S.-
Hariharpur, District- Dhanbad, Jharkhand.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nand Lal Barnwal S/o Late Satyanarayan Prasad Barnwal, R/o Maheshwari,
P.S.- Sono, Distt.- Jamui, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachin Kumar, Advocate
For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 28-01-2026 The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 24.05.2017 passed by
the learned A.C.J.M Ist, Jamui in Complaint Case No. 2072(c)
of 2014 whereby and whereunder cognizance was taken against
the petitioners under Sections 323, 379, 504 and 147 of the
I.P.C.
2. As per the status report submitted by the Office
(kept at Flag ‘R’), Complaint Case No. 2072 C of 2014, pending
Patna High Court CR. MISC. No.4305 of 2018(2) dt.28-01-2026
2/2
in the Court concerned has already been disposed of and the
accused persons have been acquitted on 03.12.2021.
3. Learned A.P.P. for the State submits that now this
case has become infructuous, accordingly, the same may be
disposed of.
4. Considering the aforesaid facts and circumstances
and report of the Office, this case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
Checking your session…