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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application was dismissed as infructuous because the petitioner was declared a juvenile.

Summary

The petitioner, Dilip Kumar, filed an application in a criminal miscellaneous proceeding arising from PS case No. 320 of 2024 concerning a POCSO matter. During the pendency of the application, the trial court declared the petitioner to be a juvenile. Counsel for the petitioner argued that this declaration rendered the application infructuous. The court examined whether the application could continue after the petitioner’s status changed to juvenile. Finding that the change made the relief sought no longer applicable, the court dismissed the application as infructuous. The order was pronounced by Justice Nawneet Kumar Pandey.

Issues considered

  • Whether the application filed by the petitioner remains maintainable after the petitioner is declared a juvenile

Subjects

  • juvenile
  • infructuous application
  • dismissal
  • criminal miscellaneous
  • POCSO

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.19515 of 2025
                           Arising Out of PS. Case No.-320 Year-2024 Thana- AMAS District- Gaya
                  ======================================================
                  Dilip Kumar S/O Bun Manjhi @ Bhun Manjhi @ Bhun Rikiyasan R/O Vill.-
                  Bankat, P.S.- Amas, Dist.- Gaya.

                                                                                    ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar Bihar
            2.    Rita Kumari D/O Karma Manjhi R/O Vill.- Bankat, P.S.- Amas, Dist.- Gaya.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Praveen Kumar
                  For the Opposite Party/s :        Mr.Upendra Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

7    12-01-2026                   Heard.

                                 2. Learned counsel for the petitioner submits that

                    during pendency of this application, the petitioner has been

                    declared juvenile by the trial court and hence, this application

                    has become infructuous.

                                 3. Accordingly, the present application filed                      in

                    connection with Amas P.S. Case No. 320 of 2024 (POCSO

                    229/24) stands dismissed being infructuous.



                                         (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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