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Patna High Court

Krishna Devi and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application was dismissed as infructuous because the underlying criminal case had already resulted in an acquittal.

Summary

The petitioners, members of the Keshri family, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 25 May 2018 that had rejected their earlier petition for discharge under Section 239. The order in question pertained to Sessions Trial No. 6404 of 2015, arising from Ara Nagar Police Station Case No. 457 of 2014. A report from the Principal District & Sessions Judge indicated that the trial had already concluded with the petitioners' acquittal on 25 February 2019, rendering the matter moot. The petitioners argued that, since they had been acquitted, the pending application was infructuous and should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. Accordingly, the High Court held that the application was infructuous and disposed of it.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 CrPC can be entertained when the substantive criminal case has already been disposed of by acquittal

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 239
  • Quash Order
  • Infructuous Application
  • Acquittal
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57263 of 2018
                     Arising Out of PS. Case No.-457 Year-2014 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
           1.     Krishna Devi Wife of Late Laxman Keshri,
           2.    Bhola Keshri, Son of Late Laxman Keshri,
           3.    Vikash Keshri, Son of Late Laxman Keshri,
           4.    Khushboo Kumari, Daughter of Late Laxman Keshri, All resident of
                 Village- Wali Ganj, P.S.- Ara Town, District- Bhojpur.
           5.    Menka Kumari, Daughter of Late Laxman Keshri, Wife of Sumit Keshri,
                 Resident of Village- Shahpur, P.S.- Shahpur, District- Bhojpur.
           6.    Reena Devi, Daughter of Late Laxman Keshri, Wife of Munna Keshri,
                 Resident of Mohalla- Terhi Bazar, Dumraon, P.S.- Dumraon, District- Buxar.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State of Bihar.
           2.    Pinki Devi, Wife of Ranjan Keshri, Daughter of Bhola Keshri, Resident of
                 Mirganj, P.S.- Ara Town, District- Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prabhat Kumar Singh, Advocate.
                 For the Opposite Party/s :       Mr. Yogendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   25.05.2018 passed by learned S.D.J.M. Bhojpur at Ara in

                   Sessions Trial No.6404 of 2015 arising out of Ara Nagar P.S.

                   Case No.457 of 2014 by which learned Court concerned had

                   rejected the petition filed by the petitioners under Section 239 of
              Patna High Court CR. MISC. No.57263 of 2018(2) dt.31-01-2026
                                                          2/2




                        Cr.P.C. for discharging petitioners from the case.

                                     3. As per the report submitted by the learned Principal

                        District & Sessions Judge, Bhojpur at Ara vide letter No.4151 of

                        2025 dated 30.08.2025, the Sessions Trial No.6404 of 2015

                        arising out of Ara Nagar P.S. Case No.457 of 2014 has already

                        been disposed of as the petitioners have already been acquitted

                        vide judgment dated 25.02.2019.

                                     4. Learned counsel for the petitioners submits that the

                        petitioners have already been acquitted and this case has

                        become infructuous, accordingly, prays that the present case

                        may be disposed of.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of learned counsels

                        for the parties and the report submitted by the concerned Court,

                        the present Cr. Misc. Application stands disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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