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Patna High Court

Sunita Yadav @ Urmila DeviversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is dismissed as infructuous because the original trial has already been disposed.

Summary

The petitioner, Sunita Yadav, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 11 July 2018 passed by the Additional Sessions Judge, Rosera, in S.Tr. No.672 of 2015. The application was filed after the trial court had already disposed of Sessions Trial No.672A of 2015 on 31 July 2025, rendering the matter moot. The petitioner argued that the case had become infructuous and should be dismissed, while the State of Bihar raised no objection to this prayer. The High Court examined the report from the trial court confirming the disposal of the original proceedings. Considering the submissions and the report, the Court held that the application was infructuous and therefore disposed of. The order effectively dismissed the petition without further hearing.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. for quashing an order is maintainable when the original trial has already been disposed and the matter is infructuous

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous
  • High Court
  • Criminal Miscellaneous Application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66038 of 2018
                     Arising Out of PS. Case No.-43 Year-2014 Thana- HASANPUR District- Samastipur
                 ======================================================
                 Sunita Yadav @ Urmila Devi Wife of Bhola Prasad Yadav Resident of
                 Village- Galma, Police Station- Ghanshyampur, District- Darbhanga, At
                 Present Residing at House No. 88, B. Dalima Vihar, P.S. Rajpura, District-
                 Patiala Punjab.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    Mahendra Yadav son of Yugeshwar Yadav Resident of Village- Bhudhar,
                 Police Station- Bithan and District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Kumar No.2, Advocate.
                 For the Opposite Party/s :       Mr. Shailendra Kumar No.2, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   29-06-2026                  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

                   11.07.2018 passed by learned Additional Sessions Judge,

                   Rosera, Samastipur in S.Tr. No.672 of 2015 arising out of

                   Hasanpur P.S. Case No.43 of 2014.

                                3. As per the report dated 16.04.2026, submitted by

                   the learned Trial Court, the petitioner faced the trial in Sessions

                   Trial No.672A of 2015 which was disposed of vide order dated

                   31.07.2025.

                                4. Learned counsel for the petitioners submits that the
              Patna High Court CR. MISC. No.66038 of 2018(4) dt.29-06-2026
                                                          2/2




                        Sessions Trial No.672A of 2015 has already been disposed of

                        and now this case has become infructuous, accordingly, he 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/-

U         T


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