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Patna High Court

Naresh PanditversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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

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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