Patna High Court
Pravin Kumar @ Pinku and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is dismissed as infructuous because the petitioners have already been acquitted.
Summary
Petitioners Pravin Kumar, Shushma Sinha and Vinita Kumari filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash earlier orders and stay further proceedings in a Mahila Police Station case. The petitioners argued that they had already been acquitted on 18 April 2023, rendering the application infructuous. The State of Bihar raised no objection to the petitioners' request. The trial court confirmed that the original case had been disposed of following the acquittal. Considering the acquittal and the State’s lack of objection, the Patna High Court disposed of the criminal miscellaneous application as infructuous.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. is maintainable when the petitioners have already been acquitted in the underlying case
- Whether the High Court should quash the earlier orders and stay further proceedings in light of the acquittal
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal miscellaneous application
- Section 482
- Acquittal
- Infructuous
- Stay of proceedings
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68962 of 2018
Arising Out of PS. Case No.-43 Year-2015 Thana- MAHILA P.S. District- Muzaffarpur
======================================================
1. Pravin Kumar @ Pinku S/o Late Harishankar Verma, Resident of Mohalla-
Motijheel, P.S. Town, Muzaffarpur, District Muzaffarpur (Bihar).
2. Shushma Sinha @ Rani Kumari @ Shushma Wife of Pravin Kumar,
Resident of Mohalla- Motijheel, P.S. Town, Muzaffarpur, District
Muzaffarpur (Bihar).
3. Vinita Kumari @ Vinita Priyadarshi Wife of Nikhil Priyadarshi, Resident of
Mohalla- Majhaulia Road, P.S. Kaji Mohammadpur, District Muzaffarpur
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate.
For the Opposite Party/s : Mr. Md. Sufiyan , A.P.P.
======================================================
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 Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
26.03.2018 passed by learned Additional District and Sessions
Judge-VII, Muzaffarpur in Cr. Rev. No.209 of 2018, order dated
13.11.2017 passed by learned S.D.J.M., Muzaffarpur in
connection with Mahila P.S. Case No.43 of 2015 (T.R. No.3645
of 2017) and to stay the further proceedings in Trial No.3645 of
2017 arising out of Mahila P.S. Case No.43 of 2015.
Patna High Court CR. MISC. No.68962 of 2018(3) dt.22-06-2026
2/2
3. As per the report submitted by the learned Trial
Court vide letter No.146 dated 26.05.2026, the Mahila P.S. Case
No.43 of 2015 (G.R. No.1768 of 2015) has already been
disposed of as the petitioners have already been acquitted vide
judgment dated 18.04.2023
4. Learned counsel for the petitioners submits that the
petitioners have already been acquitted 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 petitioners.
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/-
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