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Patna High Court

Nigam Singh @ Nigam KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as infructuous because the petitioner has been acquitted.

Summary

The petitioner, Nigam Singh, was involved in a criminal case (Mahila P.S. Case No.02 of 2022) and filed an application before the High Court. During the pendency of that application, the trial court acquitted the petitioner of the charges. The petitioner’s counsel argued that the acquittal rendered the pending application moot. The Court examined whether a pending application can continue after the petitioner’s acquittal. Finding that the acquittal made the relief sought by the application unnecessary, the Court held the application to be infructuous. Consequently, the Court dismissed the application. The order was pronounced by Justice Nawneet Kumar Pandey.

Issues considered

  • Whether a pending application is maintainable after the petitioner has been acquitted by the trial court?

Subjects

  • acquittal
  • infructuous application
  • criminal procedure
  • dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.39946 of 2025
                      Arising Out of PS. Case No.-2 Year-2022 Thana- MAHILA P.S. District- Lakhisarai
                  ======================================================
                  Nigam Singh @ Nigam Kumar S/o Tuntun Singh R/o Village- Nadiyawan,
                  P.S.- Ramgarh Chowk, District- Lakhisarai

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Ram Vinay Prasad Singh, Adv.
                  For the Opposite Party/s :        Mr.Arun Kumar, APP
                  For the informant        :        Mr. Mritunjay Kumar, Adv.
                                                    Mr. Umesh Prasad, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

3    22-01-2026                  Heard.

                                 2. At the outset, learned counsel for the petitioner

                    submits that during pendency of this application, the petitioner

                    has been acquitted by the trial court and hence, this application

                    has become infructuous.

                                 3. Accordingly, the present application filed in

                    connection with Mahila P.S. Case No.                      02 of 2022 stands

                    dismissed being infructuous.



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

U      T


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