Patna High Court
Sunil Pandit @ Sunil Kumar PanditversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the accused have already been acquitted.
Summary
The petitioner, Sunil Pandit, filed a petition under Section 482 of the CrPC seeking quash of the order dated 28 July 2018 that had taken cognizance of offences under various sections of the IPC and the POCSO Act against him and another accused. The petition argued that the matter had become infructuous because both accused had been acquitted by the Sessions Court on 17 February 2024. The State, represented by an Additional Public Prosecutor, raised no objection to the petition. The High Court examined whether a petition for quash remains maintainable after the accused have been acquitted. Finding that the trial had already concluded with acquittal, the Court held that the petition was no longer necessary and disposed of it as infructuous. Consequently, the petition was dismissed without further hearing.
Issues considered
- Whether a petition under Section 482 of the CrPC for quashing a criminal proceeding is maintainable when the accused have already been acquitted.
- Whether the petition should be dismissed as infructuous.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 342, 354(B), 376, 504, 511
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- quash petition
- infructuous
- acquittal
- Criminal Procedure Code
- Indian Penal Code
- POCSO Act
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56202 of 2018
Arising Out of PS. Case No.-38 Year-2018 Thana- GANGTA District- Munger
======================================================
Sunil Pandit @ Sunil Kumar Pandit S/o Matuki Pandit, Resident of Village-
Dhanna Dih, P.S.- Gangta, District- Munger.
... ... Petitioner/s
Versus
1. State of Bihar
2. Rinku Kumari, D/o Prabhakar Pandit, R/o Dhanna Dih, P.S.- Gangta,
District- Munger.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 28-01-2026 This petition has been filed for quashing of order
dated 28.07.2018 passed by learned 1st Additional Sessions
Judge, Munger in connection with Gangta P.S. Case No.38 of
2018 corresponding to G.R. No.921 of 2018 registered under
Sections 341, 323, 354(B), 376, 511, 504/34 of the I.P.C. against
this petitioner and another accused Ajab Lal Pandit whereby and
whereunder cognizance for the offences under Sections 341,
323, 342, 354(B), 504/34 of the I.P.C. and under Section 8 of the
POCSO Act has been taken by the court concerned against them
and as such petitioner and another accused were summoned to
face trial.
2. As per the report vide letter no.5839 dated
Patna High Court CR. MISC. No.56202 of 2018(3) dt.28-01-2026
2/2
29.08.2025 submitted by learned Principal District and Sessions
Judge, Munger, both the accused persons, namely, Sunil Pandit
(petitioner) and Ajab Lal Pandit have been acquitted on
17.02.2024.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned APP for the State has no objection to this
prayer of the petitioner.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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