Patna High Court

DEV KUMAR @ DEV KUMAR SAH @ DEV KUMAR JAISWALversusThe State of Bihar

Decided: 29 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The petition for quashing was dismissed as infructuous because charges had already been framed.

Summary

Dev Kumar filed an application seeking to quash the order dated 16 July 2019 passed by the Additional District and Sessions Judge in a criminal case (Case No. 146 of 2019). The High Court examined the status report and found that charges had already been framed and the trial was pending argument. Since the proceedings were already underway, the court held that the quash petition could no longer be entertained. Consequently, the application was deemed infructuous and dismissed. The order effectively leaves the criminal case to continue on its existing trajectory.

Issues considered

Whether a petition for quashing an order is maintainable after charges have been framed in the underlying criminal case

Subjects

Criminal Procedure Code
Quash petition
Infructuous application
Charge framing
High Court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.55904 of 2019
                   Arising Out of PS. Case No.-146 Year-2019 Thana- SONHAN District- Kaimur (Bhabua)
                  ======================================================
                  DEV KUMAR @ DEV KUMAR SAH @ DEV KUMAR JAISWAL Son of
                  Gori Sah Resident of Village- Kirkala, P.S.- Sonahan, District- Kaimur at
                  Bhabhua.
                                                                            ... ... Petitioner/s
                                                   Versus
                  The State of Bihar Bihar
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Rajani Kant Pandey
                  For the Opposite Party/s :       Mr.Usha Kumari 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    29-01-2026                    Heard the parties.

                                 2. This application has been filed for quashing the

                    order dated 16.07.2019 passed by the 1st Additional District and

                    Sessions Judge-cum-Spl. Judge, Kaimur at Bhabhua passed in

                    SC/ST registration no. 34 of 2019 arising out of Sonhan,

                    Bhabhua P.S. Case No. 146 of 2019.

                                 3. From the perusal of the status report sent by the

                    concerned Court below, it appears that charges have already

                    been framed and the case is currently pending for argument.

                                 4. In view of the fact that the charges have already

                    been framed, this application has become infructuous.

                                 5. Accordingly, this application is dismissed as having

                    become infructuous.


                                                               (Sandeep Kumar, J)
Vikas/-

U

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