Patna High Court
Manoranjan Kumar Sriwastava @ Mantu Lal Sriwastava and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petition is to be disposed of as the underlying criminal case has become infructuous.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07-04-2018 passed by the Additional District Judge (VI) of Siwan, which had dismissed their revision petition against a cognizance order in Complaint Case No. 146 of 2016. The trial court had already disposed of the complaint on 22-03-2025, acquitting the accused persons. The petitioners argued that, since the underlying case was already concluded and the accused were acquitted, the matter had become infructuous and the order should be set aside. The State, through its Additional Public Prosecutor, raised no objection to the petitioners' request. The High Court, after hearing both sides, agreed that the case was infructuous and disposed of the petition. Consequently, no further proceedings were required.
Issues considered
- Whether a petition under Section 482 Cr.P.C. to quash an order is maintainable when the substantive criminal case has already been disposed and the accused acquitted.
- Whether the order of the Additional District Judge can be set aside on the ground that the case has become infructuous.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Case
- Revision Petition
- Acquittal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63475 of 2018
Arising Out of PS. Case No.-146 Year-2016 Thana- SIWAN COMPLAINT CASE District-
Siwan
======================================================
1. Manoranjan Kumar Sriwastava @ Mantu Lal Sriwastava Son of Late Nar
Singh Narayan Prasad.
2. Binda Devi @ Vidya Devi, Wife of Manoranjan Kumar Sriwastava.
3. Rita Kumari @ Ritu Kumari Srivastava, D/o Manoranjan Kumar Sriwastava.
All are resident of Village Khem Bhatakan, P.S. Andar, District- Siwan, At
present Village Khurmabad, P.S.- Siwan Muffasil, District- Siwan.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Ram Chhabila Manjhi, Son of Late Jilodh Manjhi, resident of Village Khem
Bhatkan, P.S.- Andar, District - Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Bhushan Verma, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 22-06-2026 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 07.04.2018 passed by
the learned ADJ VIth, Siwan in Cr. Revision No. 263 of 2017 by
which the said revision petition was dismissed which was filed
against the cognizance order dated 13.09.2017 passed in
Complaint Case No. 146 of 2016 PR No. 2996 of 2017.
3. As per the report of the learned Trial Court, vide
Letter No. 119 dated 13.04.2026, Complaint Case No. 146 of
Patna High Court CR. MISC. No.63475 of 2018(3) dt.22-06-2026
2/2
2016 has already been disposed of on 22.03.2025 and the
accused persons have been acquitted.
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, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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