Patna High Court
Krishna Prasad and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
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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