Created by Fuzzy Cloud

Patna High Court

Prabhu Narayan PandeyversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the matter has become infructuous.

Summary

The petitioner, Prabhu Narayan Pandey, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a Fast Track Court order dated 13 August 2018 which had set aside a lower court order in a protest‑cum‑complaint case. The Fast Track Court had allowed a revision petition filed by the second opposite party and reversed the order of the Chief Judicial Magistrate dated 3 June 2016. The trial court’s report indicated that the original complaint case had already been disposed of on 27 March 2019. The petitioner argued that the matter had become infructuous and should be dismissed. The State had no objection to this prayer. The Court, after hearing counsel, held that since the case was already disposed, the petition was infructuous and ordered its disposal.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing a court order is maintainable when the underlying case has already been disposed and become infructuous?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Petition
  • Fast Track Court
  • Revision Petition
  • Complaint Case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70347 of 2018
                 Arising Out of PS. Case No.-1228 Year-2015 Thana- BUXAR COMPLAINT CASE District-
                                                          Buxar
                 ======================================================
                 Prabhu Narayan Pandey son of late Sukhdev Pandey, presently Head Master,
                 Dumaron Raj Prayag Sanskrit High School, Dumaron, R/o- Vill P.S. P.O.-
                 Dumaron, District- Buxar.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Bhushan Upadhyay, S/o- late Sidhnath Upadhay, R/o- Vill- Maharaja Hata,
                 Ara, P.S. Nawada, District- Bhojpur at Ara.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rajiv Ranjan Kr. Pandey, Advocate
                 For the Opposite Party/s :     Mr. Madhuranand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   02-07-2026                    Heard learned counsel for the petitioner 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 13.08.2018 passed by

                   the learned Fast Track Court-II, Buxar in Cr. Rev. No. 115 of

                   2016 by which the said revision petition filed by O.P. No. 2 was

                   allowed and set aside the order dated 03.06.2016 passed by the

                   learned C.J.M., Buxar in Protest-cum-Complaint Case No.

                   1228(C) of 2015, arising out of Dumraon P.S. Case No. 210 of

                   2015.

                                3. As per the report of the learned Trial Court, vide

                   Letter No. 132 dated 06.05.2026, Complaint Case No. 1228C of
              Patna High Court CR. MISC. No.70347 of 2018(3) dt.02-07-2026
                                                          2/2




                        2015, arising out of Dumraon P.S. Case No. 210 of 2015 has

                        already been disposed of on 27.03.2019.

                                     4. Learned counsel for the petitioner submits that this

                        case has become infructuous, accordingly, the same may be

                        disposed of.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of the learned counsel

                        for the parties, the present case is disposed of having become

                        infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.