Patna High Court
Punpun Pandey @ Vishnudeo Pandey and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition for quash of the FIR was dismissed as the matter had become infructuous.
Summary
The petitioners filed a petition under Section 482 of the CrPC seeking quash of FIR No.128 of 2017 lodged at Brahmpur Police Station, which alleged offences under IPC Sections 341, 323, 504, 506/34 and Section 3(1)(R)(S) of the SC/ST Act. The petitioners argued that the FIR had become infructuous because the case had already been disposed on 4 May 2023, resulting in the acquittal of the accused. The State had no objection to the prayer. The Court examined whether a petition for quash can be entertained after the substantive criminal proceeding has concluded. Finding that the matter was moot, the Court disposed of the petition as infructuous. Consequently, no further order was required regarding the FIR.
Issues considered
- Whether a petition under Section 482 CrPC for quashing an FIR is maintainable when the criminal case has already been disposed and the accused acquitted
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(R)(S)
Subjects
- quash petition
- FIR
- infructuous
- IPC
- SC/ST Act
- acquittal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45029 of 2018
Arising Out of PS. Case No.-128 Year-2017 Thana- BRAHMPUR District- Buxar
======================================================
1. Punpun Pandey @ Vishnudeo Pandey
2. NIrankar Pandey @ Chhote Pandey.
3. Nityanand Pandey,
All Sons of Late Chaturbhuj Pandey, resident of Village- Pandeypur, P.O.
Nimez, P.S.- Brahmpur, Distirct- Buxar.
... ... Petitioner/s
Versus
1. State of Bihar
2. Raju Munna Ram, Son of Mohan Ram, resident of Village- Pandeypur, P.O.-
Nimez, P.S. Brahmpur, District- Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Ojha, Advocate
Mr. Ved Prakash Chandan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 28-01-2026 This petition has been filed for quashing of F.I.R.
bearing Brahmpur P.S. Case No.128 of 2017 lodged against the
petitioners under Sections 341, 323, 504, 506/34 of the I.P.C.
and Section 3(1)(R)(S) of the SC/ST Act.
2. From the status report, it appears that Brahmpur
P.S. Case No.128 of 2017 has already been disposed of on
04.05.2023 and the accused persons/petitioners have already
been acquitted.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
Patna High Court CR. MISC. No.45029 of 2018(5) dt.28-01-2026
2/2
4. Learned APP for the State has no objection to this
prayer of the petitioner.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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