Patna High Court
E. SRINIVAS MURTHY AND ORSversusTHE STATE OF BIHAR AND ANR
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application for quashing the order is dismissed and the matter is disposed of as infructuous.
Summary
The petitioners, E. Srinivas Murthy, N. Shyamala Bai and Shekhar S., filed a petition under Section 205 of the Criminal Procedure Code seeking dispensation from personal attendance in Complaint Case No. 4938(C) of 2017. The learned Additional Chief Judicial Magistrate, Patna, rejected their petition on 19 November 2018. The petitioners subsequently filed an application on 12 May 2026 seeking to quash that order, contending that the main complaint had already been stayed by a later order dated 19 February 2020, which was modified on 23 June 2025. They argued that, in view of the stay, the order rejecting their Section 205 petition had become moot and the matter was infructuous. The Court examined the procedural history and accepted that the stay rendered the earlier order ineffective. Consequently, the Court disposed of the application as infructuous, effectively upholding the earlier order by deeming the present application unnecessary.
Issues considered
- Whether the order dated 19.11.2018 rejecting the petition under Section 205 Cr.P.C. can be quashed.
- Whether the pending stay of the main complaint renders the application for quashing infructuous.
Legislation cited
- Criminal Procedure Code — s. 205
Subjects
- Section 205
- dispensation from personal attendance
- infructuous
- quash order
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9136 of 2019
Arising Out of PS. Case No.-4938 Year-2017 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. E. Srinivas Murthy S/o E. Jayanthu, Resident of Flat No. 201, Vijaya,
Raghav Apartment, 4th Lane, Kadareswapete, PS- Ajit Singh , Vijayawada
(Andhra Pradesh)
2. N. Shyamala Bai @ Shymla Bai Wife of E. Srinivas Murthy, Resident of
Flat No. 201, Vijaya, Raghav Apartment, 4th Lane, Kadareswapete, PS- Ajit
Singh , Vijayawada (Andhra Pradesh)
3. Shekhar S. @ Shekhar Son of S. Rathnaim, Resident of Flat No. 401 4th
Floor, Opel Ground , GRK-II H.B. Colony, Main Road, PS- Vishakapatnam,
P.S.-Vishakapatnam-3 Town, (Andhra Pradesh)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sri Sanjiv Sahay Son of Uday Shankar Sahay Resident of Mohalla- Lodipur,
P.S. Budha Colony, Patna, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
12 12-05-2026 This application has been filed for quashing the order
dated 19.11.2018 passed in Complaint Case No.4938(C) of 2017
by learned A.C.J.M., Patna whereby and whereunder the court
concerned rejected the petition dated 27.03.2018 filed by the
petitioners under Section 205 of Cr.P.C. for their dispensation
from personal attendance.
2. Learned counsel for the petitioners submits that
further proceeding in connection with Complaint Case
No.4938(C) of 2017 pending in the court concerned has already
Patna High Court CR. MISC. No.9136 of 2019(12) dt.12-05-2026
2/2
been stayed in Cr. Misc. No.20332 of 2018 vide order dated
19.02.2020 which was modified on 23.06.2025 only with regard
to the petitioners. Therefore, he submits that this case may be
disposed of as it has now become infructuous.
3. In view of the above submissions, this case stands
disposed of as having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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