Patna High Court

MAHINDRA @ MAHINDRA FINANCIAL SERVICES LTD.versusThe State of Bihar

Decided: 9 February 2026
Disposal: DISMISSED
Bench: SOURENDRA PANDEY

Holding

The petition is dismissed as it has become infructuous following the revisional court's setting aside of the order taking cognizance.

Summary

Mahindra Financial Services Ltd. filed a petition in the Patna High Court challenging an order taking cognizance in a criminal miscellaneous case. The petitioner argued that the Revisional Court had set aside the order taking cognizance, rendering the petition ineffective. The court examined whether the petition could continue in view of the revisional court's decision. Since the order was nullified, the petition was deemed to have lost its purpose. Consequently, the court dismissed the petition as infructuous, without addressing any substantive merits.

Issues considered

Whether the petition remains maintainable after the Revisional Court set aside the order taking cognizance?

Subjects

revisional jurisdiction
cognizance
infructuous petition
criminal miscellaneous
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6082 of 2024
                   Arising Out of PS. Case No.-692 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE
                                                    District- Muzaffarpur
                  ======================================================
                  MAHINDRA @ MAHINDRA FINANCIAL SERVICES LTD. A COMPANY
                  INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956
                  HAVING ITS REGISTERED OFFICE AT GATEWAY BUILDING,
                  APPOLLO BUNDER, P.S-WARLI, MUMBAI- 400001 AND HAVING ITS
                  LOCAL OFFICE AT 1ST AND 2ND FLOOR, KFC BUILDING, IN FRONT
                  OF PILLAR NO.19, OPPOSITE KESHAV PALACE, KHAJPURA,
                  BAILERY ROAD, P.S- AIRPORT, PATNA- 800014 THROUGH ITS
                  DEPUTY MANAGER- LEGAL NAMELY PRASHANT KUMAR,
                  GENDER- MALE, AGED ABOUT 34 YRS S/O BINAY KRISHNA
                  PRASAD, R/O BHOOTNATH ROAD, P.S- AGAMKUAN, DISTT.- PATNA-
                  800026.

                                                                               ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    ROZY KHATOON W/O GULAM AHMED R/O MOHALLA- ISLAMPUR,
                  P.S- TOWN, DISTT.- MUZAFFARPUR.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Shivendra Kumar Roy, Advocate
                  For the Opposite Party/s :       Mr. Uday Chand Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

2    09-02-2026                  Learned counsel for the petitioner submits that the

                    order taking cognizance has been set aside by the Revisional

                    Court and, therefore, the application has become infructuous.

                                 2. The petition stands dismissed as having become

                    become infructuous.



                                               (Sourendra Pandey, J)
krishna/-

U       T

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