Patna High Court
Vishwanath Rai and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was dismissed as infructuous because the original criminal proceeding had already been disposed of.
Summary
The petitioners, a group of relatives, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet framed by the Sessions Judge in S.T. No. 261 of 2018 on the ground that no material was placed on record. The High Court noted that the underlying criminal proceeding had already been disposed of on 8 September 2025, as per the report of the Sessions Court. The petitioners argued that the case had become infructuous and should be dismissed. The State, through its Additional Public Prosecutor, raised no objection to the petitioners' request. Considering the disposal of the original case, the Court held that the petition was moot. Consequently, the petition was disposed of as infructuous.
Issues considered
- Whether a petition under Section 482 Cr.P.C. to quash charge framing is maintainable when the underlying criminal case has already been disposed of
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Petition
- Infructuous
- Charge Framing
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61661 of 2018
Arising Out of PS. Case No.-211 Year-2017 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Vishwanath Rai S/o Basu Rai,
2. Shambhu Rai S/o Basu Rai,
3. Geeta Devi W/o Shambhu Rai,
4. Dhanpatiya Devi W/o Basu Rai,
5. Manita Devi W/o Vishwanath Rai,
6. Aradhana Kumari D/o Vishwanath Rai,
7. Sanjay Kumar Rai S/o Basu Rai, R/o Vill.- Inayatpur, P.S.- Patori, District-
Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate
For the Opposite Party/s : Mr. Braj Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 16-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 19.06.2018 passed by
the learned Sessions Judge, Samastipur in S.T. No. 261 of 2018,
arising out of Patori P.S. Case No. 211 of 2017 by which
charges were framed against the petitioners without any material
on record.
3. As per the report of the learned Court concerned,
vide Letter No. 74/2026 dated 25.03.2026, S.T. No. 261 of
Patna High Court CR. MISC. No.61661 of 2018(3) dt.16-06-2026
2/2
2018, arising out of Patori P.S. Case No. 211 of 2017 has
already been disposed of on 08.09.2025.
4. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same may be
disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. Considering the submissions of the learned counsel
for the parties, this case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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