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Patna High Court

Manish Kumar and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

A petition for quashing an order is dismissed as infructuous when the underlying criminal case has already been concluded.

Summary

The petitioners, three brothers, filed a petition under Section 205 of the Criminal Procedure Code seeking to dispense with their personal appearance in a criminal trial concerning offences under Sections 341, 323, 307, 406, 498A and 120B of the IPC and Section 3 of the Dowry Prohibition Act. The trial court had earlier rejected this petition. By the time the petition was before the Patna High Court, the underlying case (K. Hat P.S. Case No.593 of 2011) had already been concluded and the accused were convicted on 5 May 2025. The petitioners argued that the petition had become infructuous and should be disposed of. The State’s counsel raised no objection to this submission. The High Court agreed, holding that a petition seeking to quash an order becomes moot when the substantive case is already disposed, and therefore dismissed the petition as infructuous.

Issues considered

  • Whether a petition under Section 205 CrPC seeking exemption from personal appearance remains maintainable after the substantive criminal case has been disposed.

Legislation cited

Subjects

  • Section 205 CrPC
  • personal appearance
  • infructuous petition
  • quash order
  • criminal trial disposal
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69148 of 2018
                   Arising Out of PS. Case No.-593 Year-2011 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
           1.     Manish Kumar son of Janardan Prasad Yadav
           2.    Piyush Kumar @ Appu son of Janardan Prasad Yadav
           3.    Janardan Yadav @ Janardan Prasad Yadav, son of Manik Lal Yadav
                 All residents of Village- Srinagar, Police Station- Sahebpur Kamal, District-
                 Begusarai.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Madhu Kumari, wife of Manish Kumar, Daughter of Ashok Chaudhary,
                 resident of Village- Ubrail, Police Station- K.Hat Maranga, District- Purnea,
                 At present resident of Shivaji Colony, Sipahi Tola, in the house of Ram
                 Murti Tiwari, Police Station- K.Hat, District- Purnea.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :      Sri Binod Kumar 3, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   02-02-2026                  This petition has been filed for quashing of order

                   dated 02.06.2018 passed by learned S.D.J.M., Purnea in G.R.

                   No.3435 of 2011, CIS No.3110 of 2013 arising out of K. Hat

                   P.S. Case No.593 of 2011 under Sections 341, 323, 307, 406,

                   498A, 120B of the I.P.C. and Sections ¾ of Dowry Prohibition

                   Act by which the court concerned was pleased to reject the

                   petition filed under Section 205 Cr.P.C. by the petitioners

                   praying therein to dispense with their personal appearance

                   during the trial subject to any condition.

                                2. From the report vide letter no.4950 dated 10 th
           Patna High Court CR. MISC. No.69148 of 2018(2) dt.02-02-2026
                                                       2/2




                     September, 2025 sent by learned Principal District and Sessions

                     Judge, Purnea, it appears that K. Hat P.S. Case No.593 of 2011

                     has already been disposed of and the accused persons have been

                     convicted on 05.05.2025.

                                  3. Learned counsel for the petitioners submits that this

                     case may be disposed of as it has become infructuous.

                                  4. Learned APP for the State has no objection to this

                     prayer of the petitioners.

                                  5. In view of the above, this petition is disposed of as

                     having become infructuous.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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