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Patna High Court

Pravin Kumar @ Pinku and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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/-

U         T


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