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Patna High Court

Krishna Prasad and AnrversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as infructuous because the substantive case has already been concluded.

Summary

The petitioners, Krishna Prasad and Binay Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24‑08‑2018 passed by the Additional Sessions Judge, West Champaran, which had allowed a revision petition in a 2012 case. The petition argued that the order should be set aside. However, the court noted that the underlying trial (S.Tr. No. 291 of 2019, decided on 19‑02‑2025) had already been concluded and the matter fully disposed. Since the subject matter of the petition no longer existed, the court held the petition to be infructuous. Consequently, the petition was dismissed without further hearing.

Issues considered

  • Whether a petition under Section 482 CrPC seeking to quash a revision order can be entertained when the substantive case has already been disposed?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Revision
  • Quash Order
  • Infructuous Petition
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68296 of 2018
                  Arising Out of PS. Case No.-201 Year-2012 Thana- JOGAPATTI District- West Champaran
                 ======================================================
           1.     Krishna Prasad S/o Late Ram Sunder Prasad,
           2.    Binay Kumar, S/o Krishna Prasad, Both R/o Patkhauli, P.S.- Yogapatti
                 Shanichari Dist- W. Champaran.


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar No 2, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   07-04-2026                    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 24.08.2018 passed by

                   the learned Addl. Sessions Judge, F.T.C. II, West Champaran in

                   Cr. Revision No. 139 of 2017, Tr. No. 1807 of 2017, arising out

                   of Yogapatti (Sanichari) P.S. Case No. 201 of 2012 by which

                   revision petition was allowed.

                                3. It is stated that vide judgment dated 19.02.2025,

                   S.Tr. No. 291 of 2019, arising out of Yogapatti (Sanichari) P.S.

                   Case No. 201 of 2012 has already been disposed of after

                   conclusion of the trial and now this petition has become
              Patna High Court CR. MISC. No.68296 of 2018(2) dt.07-04-2026
                                                          2/2




                        infructuous.

                                     4. Considering the aforesaid facts and circumstances,

                        the present case is disposed of having become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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