Patna High Court

Umesh Prasad JaiswalversusThe State Of Bihar

Decided: 31 January 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition for quashing the order was dismissed as infructuous.

Summary

The petitioner, Umesh Prasad Jaiswal, filed a petition under Section 482 of the CrPC seeking to quash an order dated 19 September 2018 passed by the Sub-Divisional Judicial Magistrate, which had taken cognizance of offences under Section 414 of the Indian Penal Code and Section 7 of the Explosive Substances Act. The petitioner argued that the matter had already been concluded, as he was acquitted on 6 February 2025, rendering the petition infructuous. The State did not oppose the prayer. The Court examined the status report and found that the original criminal case was disposed and the petitioner was acquitted. Consequently, the Court held that the petition for quashing the order was no longer maintainable and disposed of it as infructuous.

Issues considered

Whether a petition under Section 482 CrPC for quashing a criminal order can be dismissed as infructuous when the underlying case has been disposed and the accused acquitted.

Legislation cited

Explosive Substances Act — s. 7
Indian Penal Code — s. 414

Subjects

Criminal Procedure
Quash Petition
Infructuous Petition
Acquittal
IPC Section 414
Explosive Substances Act Section 7

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70811 of 2018
                    Arising Out of PS. Case No.-418 Year-2018 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Umesh Prasad Jaiswal Son of Late Rajendra Prasad Jaiswal, Resident of
                 Village- Chandan Nagar Ward No 45, P.S.- Sadar, District- Purnea.


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sushil Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   31-01-2026                  This petition has been filed for quashing of order

                   dated 19.09.2018 passed by learned S.D.J.M., Purnea in Sadar

                   P.S. Case No.418 of 2018 whereby and whereunder the court

                   concerned took cognizance against the petitioner for the offence

                   under Sections 414 of the I.P.C. and 7 of the E.C. Act.

                                2. From the status report, it appears that the said case

                   has already been disposed of and accused petitioner was

                   acquitted on 06.02.2025.

                                3. Learned counsel for the petitioner 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 petitioner.

                                5. In view of the above, this petition is disposed of as
           Patna High Court CR. MISC. No.70811 of 2018(2) dt.31-01-2026
                                                       2/2




                     having become infructuous.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T

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