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Patna High Court

RAJENDRA PRASAD KESHRI @ RAJENDRA KESHRIversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 is dismissed as infructuous because the petitioner has already been acquitted.

Summary

The petitioner, Rajendra Prasad Keshri, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24-08-2018 that had rejected his earlier petition for discharge under Section 227. The order in question was passed by the Fast Track Court in Purnea in Sessions Trial No.28 of 2018, which had already been disposed of with the petitioner acquitted on 13-01-2021. The petitioner argued that, since he had been acquitted, the pending application had become infructuous and should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court, after considering the submissions and the report from the lower court, held that the application was indeed infructuous and therefore disposed of it. Consequently, no further proceedings were ordered.

Issues considered

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

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 227
  • Quash Order
  • Infructuous Application
  • Acquittal
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62878 of 2018
                   Arising Out of PS. Case No.-357 Year-2016 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
                 Rajendra Prasad Keshri @ Rajendra Keshri Son of Sri Kanharia Lal Keshri,
                 resident of Village/Mohalla- Churi Patti, Madhubani, P.S. K. Hat, Madhubani,
                 District- Purnia.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar.
           2.    Dilip Keshri, Son of Harihar Prasad Keshri, Resident of Village- Bakhari,
                 P.S. Bakhari, District- Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sada Nand Roy, Advocate.
                 For the Opposite Party/s :      Mr. Amit Kumar Rakesh, 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

                   24.08.2018 passed by learned Presiding Officer, Fast Track

                   Court-2, Purnea in Sessions Trial No.28 of 2018 arising out of

                   K. Hat (Madhubani) P.S. Case No.357 of 2016 by which learned

                   Court concerned had rejected the petition filed by the petitioners

                   under Section 227 of Cr.P.C. for discharge.

                                3. As per the report submitted by the Office, the

                   Sessions Trial No.28 of 2018 arising out of K. Hat (Madhubani)

                   P.S. Case No.357 of 2016 has already been disposed of and the
              Patna High Court CR. MISC. No.62878 of 2018(2) dt.31-01-2026
                                                          2/2




                        petitioner has already been acquitted vide judgment dated

                        13.01.2021.

                                     4. Learned counsel for the petitioners 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 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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