Patna High Court
Kalanand YadavversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 was disposed of as infructuous, and no order was quashed.
Summary
Kalanand Yadav was charged under IPC sections 341, 308, 504 and 506 in a case arising from Pipra P.S. Case No. 72 of 2016. The trial court took cognizance and the matter proceeded through various orders, including a revision. The petitioner was acquitted by the Sessions Court on 1 August 2025. He filed a criminal miscellaneous application under Section 482 of the CrPC seeking to quash the earlier orders, arguing that the case had become infructuous. The State did not oppose the petition. The High Court, after considering the acquittal report, disposed of the application as infructuous, finding no need to entertain the quash petition.
Issues considered
- Whether a criminal miscellaneous application under Section 482 of the CrPC is maintainable when the accused has already been acquitted.
- Whether the earlier orders taking cognizance and the revision order should be quashed in view of the acquittal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 308, 341, 504, 506
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Acquittal
- Infructuous
- IPC offences
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59246 of 2018
Arising Out of PS. Case No.-72 Year-2016 Thana- PIPRA District- Supaul
======================================================
Kalanand Yadav Son of Basudeo Yadav, Resident of Village-Litiyahi , P.S.
Pipra, Distt. Supaul.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate.
For the Opposite Party/s : Mr. Aditya Narayan Singh No.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner 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
27.03.2017 passed by learned A.C.J.M. III, Supaul in
connection with G.R. No.624 of 2016 arising out of Pipra P.S.
Case No.72 of 2016 by which cognizance was taken against the
petitioner under Sections 341, 308, 504 & 506 of the I.P.C. as
well as the order dated 27.04.2018 passed passed by learned
A.D.J. 1st, Supaul in Cr. Revision No.59 of 2017.
3. As per the report submitted by the learned
Additional Sessions Judge-II, Supaul vide letter No.15 of 2026
dated 24.03.2026, the Sessions Trial No.385 of 2019 arising out
of Pipra P.S. Case No.72 of 2016 has already been disposed of
Patna High Court CR. MISC. No.59246 of 2018(3) dt.10-04-2026
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as the petitioner and other accused persons have already been
acquitted vide judgment dated 01.08.2025.
4. Learned counsel for the petitioner submits that the
petitioner has 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 counsel 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/-
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