Patna High Court
Naresh PanditversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the trial has already concluded with an acquittal.
Summary
The petitioner, Naresh Pandit, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a cognizance order dated 28‑02‑2015 passed by the Chief Judicial Magistrate, Ara, in connection with case SL No.2(F) of 2015. The petitioner argued that the trial had already concluded with his acquittal, rendering the petition infructuous. The State did not oppose the petition. The Court examined whether a petition to quash a cognizance order remains viable after the trial is over and the accused is acquitted. Finding that the matter was already decided and the petition had become moot, the Court disposed of the petition as infructuous. Consequently, the petition was dismissed without any further order.
Issues considered
- Whether a petition under Section 482 Cr.P.C. to quash a cognizance order is maintainable when the trial has concluded and the accused has been acquitted
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash of Cognizance Order
- Infructuous Petition
- Acquittal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57893 of 2018
Arising Out of PS. Case No.-1 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
District- Bhojpur
======================================================
Naresh Pandit son of late Ram Briksh Pandit at present Junior Engineer JE
Shahabad Road Path Pramandal Bhojpur resident of village Fatehpur P.S.
Chiksoura Karai Parsurai, District Nalanda at present residing at Jai Prakash
Nagar Road No. 5 Ashiana Nagar, P.S. Digha, District Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Forest Divisional Officer, Bhojpur Division, Ara.
3. Forest Guard, Charpokhai, Piro, Bhojpur District.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. K.M.Joseph, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 20-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the cognizance order 28.02.2015
passed by the learned Chief Judicial Magistrate, Ara in
connection with SL No. 2(F) of 2015.
3. Learned counsel for the petitioner submits that the
trial has already been concluded and petitioner has been
acquitted and now this case has become infructuous,
accordingly, the same may be disposed of.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.57893 of 2018(4) dt.20-04-2026
2/2
prayer of the petitioner.
5. Considering the submissions of the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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