Patna High Court
Tukan MandalversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn, as the appropriate remedy under the POCSO Act is a criminal miscellaneous application.
Summary
The appellants, Tukan Mandal and Kundan Mandal, filed a criminal appeal (SJ) No.256 of 2026 before the Patna High Court challenging orders passed in a POCSO case (PS Case No.510 of 2025). The State, through the Special Public Prosecutor, contended that the appeal was not maintainable because the matter fell under the Protection of Children from Sexual Offences (POCSO) Act and should have been pursued via a criminal miscellaneous application. The appellants sought permission to withdraw the appeal and instead file the appropriate miscellaneous application. The Court granted permission to withdraw, dismissed the appeal as withdrawn, and ordered the return of the case files to the appellants' counsel. No substantive merits of the underlying criminal allegations were addressed.
Issues considered
- Whether a criminal appeal is maintainable in a case instituted under the POCSO Act
- Whether the appropriate remedy is a criminal miscellaneous application rather than an appeal
Legislation cited
Subjects
- criminal appeal
- maintainability
- POCSO Act
- withdrawal of appeal
- criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.256 of 2026
Arising Out of PS. Case No.-510 Year-2025 Thana- JHAJHA District- Jamui
======================================================
1. Tukan Mandal S/o Late Narayan Mandal R/o Village- Shair, Police Station-
Jhajha, District- Jamui
2. Kundan Mandal @ Kundan Kumar S/o Tukan Mandal @ Tuken Mandal R/o
Village- Shair, Police Station- Jhajha, District- Jamui
... ... Appellant/s
Versus
1. The State of Bihar
2. X X X S/o Gauri Paswan R/o vill - Baijalpura, Ward No. 1, P.S.- Jhajha,
Distt.- Jamui
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pankaj Kumar Sinha, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-04-2026 1. Heard learned counsel for the appellants and
learned Special Public Prosecutor for the State.
2. The Special Public Prosecutor for the State, at the
outset, raises the issue of maintainability.
3. It is submitted that the case is instituted under the
POCSO Act also, as such, a criminal miscellaneous application
ought to have been filed instead of criminal appeal in view of
the orders of this Court.
4. At this stage, learned counsel appearing on behalf
of the appellants seeks permission to withdraw the appeal with
liberty to the appellants to file criminal miscellaneous
application afresh.
Patna High Court CR. APP (SJ) No.256 of 2026(3) dt.09-04-2026
2/2
5. Permission is accorded.
6. Accordingly, the instant appeal is dismissed as
withdrawn.
7. The Office is directed to return all the copies
annexed with the instant appeal including the certified copies,
except the Vakalatnama to the learned counsel appearing on
behalf of the appellants.
(Satyavrat Verma, J)
Kundan/-
U T
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