Patna High Court

Sanju DeviversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

An application becomes infructuous and may be dismissed as withdrawn when the underlying criminal charges against the opposite parties have been acquitted.

Summary

The petitioner, Sanju Devi, filed an application before the Patna High Court in a criminal miscellaneous proceeding arising from a 2020 case. The application sought relief, but subsequently the opposite parties were acquitted of the charges framed against them. Counsel for the petitioner then moved to withdraw the application on the ground that it had become infructuous due to the acquittal. The court considered whether a withdrawn application could be dismissed when the substantive proceedings had concluded. It held that the application could be withdrawn and dismissed as it no longer served any purpose. Accordingly, the court allowed the petitioner's request and dismissed the application as withdrawn.

Issues considered

Whether an application pending before the court may be withdrawn when the substantive criminal charges against the opposite parties have been acquitted

Subjects

withdrawal of application
acquittal
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47790 of 2025
                       Arising Out of PS. Case No.-663 Year-2020 Thana- NAWADA District- Nawada
                 ======================================================
                 Sanju Devi W/o- Raju Kumar Singh Village- Dhobrapar Ps- Bundelkhand OP
                 Dist- Nawadah                                          ... ... Petitioner
                                                Versus
           1.     The State of Bihar
           2.    Subodh Kumar @ Jhonny S/o- Late Pitar Paul Ravidas Village- Dhobrapar
                 Ps- Bundelkhand OP Dist- Nawada
           3.    Abhishek Anand S/o- Late Anand Ravidas Village- Dhobrapar Ps-
                 Bundelkhand OP Dist- Nawada
           4.    Jay Kishun Ravidas S/o- Late Pitar Paul Ravidas Village- Dhobrapar Ps-
                 Bundelkhand OP Dist- Nawada
           5.     Sushila Devi W/o- Late Pitar Paul Ravidas Village- Dhobrapar Ps-
                  Bundelkhand OP Dist- Nawada
                                                                ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ram Prawesh Kumar
                 For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   10-03-2026                   Learned counsel for the petitioner seeks permission

                   to withdraw this application as the same by efflux of time has

                   become infructuous as the opposite parties have been acquitted

                   of the charges framed against them.

                                2. Prayed is allowed.

                                3. This application is dismissed as withdrawn as

                   having become infructuous.



                                              (Praveen Kumar, J)
Pawan/-

U     T

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