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Patna High Court

ARBIND PANDEYversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed as it has become infructuous.

Summary

The petitioners Arbind Pandey and Shatrujit Pandey filed an application seeking to quash two earlier orders dated 12 March 2019 and 12 January 2012 relating to a criminal case (Goh PS Case No.126 of 2010). The petition argued that the charges had already been framed, rendering the quash application unnecessary. The court noted that since the charges were framed, the relief sought was no longer viable. Consequently, the application was held to have become infructuous. The court dismissed the application on this basis.

Issues considered

  • Whether the application for quashing the earlier orders is maintainable after charges have been framed in the case?

Subjects

  • quash order
  • criminal procedure
  • infructuous application
  • charges framed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.66371 of 2019
                        Arising Out of PS. Case No.-126 Year-2010 Thana- GOH District- Aurangabad
                  ======================================================
            1.     ARBIND PANDEY S/o Late Raghunath Pandey R/o village- Goh, P.S.-
                   Goh, District- Aurangabad (Bihar)
            2.    Shatrujit Pandey S/o Anil Pandey R/o village- Goh, P.S.- Goh, District-
                  Aurangabad (Bihar)
                                                                        ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar
            2.     Krishna Murari Pandey S/o Late Basist Pandey, R/o Village and P.S.- Goh,
                   District-Aurangabad, Pin Code-824203
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Gajendra Kumar Singh
                  For the Opposite Party/s :       Mr.Chandra Bhushan Prasad
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    29-01-2026                    Heard the parties.

                                 2. This application has been filed for quashing the

                    order dated 12.03.2019 passed by the ADJ-VI, Aurangabad in

                    Cr. Revision No. 38/12/14/18 and for quashing the order dated

                    12.01.2012 passed by the SDJM, Daudnagar in Tr. No. 1324 of

                    2012 arising out of Goh P.S. Case No. 126 of 2010.

                                 3. Learned counsel for the petitioner, at the very

                    outset, submits that charges have been framed in this case.

                                 4. In view of the above, this application has become

                    infructuous and the same is hereby dismissed as having become

                    infructuous.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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