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Patna High Court

Sanjay Kumar SinghversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

A petition under Section 482 Cr.P.C. is not maintainable when the criminal proceeding has become infructuous due to the acquittal of the accused.

Summary

The petitioner, Sanjay Kumar Singh, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 18 April 2018 that had taken cognizance of offences under Sections 20 and 22 of the N.D.P.S. Act. The petition was filed after a report indicated that the trial had already concluded and the sole accused had been acquitted. The State, through its Additional Public Prosecutor, raised no objection to the petition. The Court examined whether the petition could be entertained when the criminal proceeding was already terminated. Finding that the matter had become infructuous, the Court disposed of the petition. The order reflects the principle that a petition under Section 482 is not maintainable where the criminal case is already concluded and the accused acquitted.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing an order is maintainable when the criminal trial has already concluded and the accused has been acquitted.

Legislation cited

Subjects

  • Section 482
  • quash order
  • infructuous
  • acquittal
  • N.D.P.S. Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58776 of 2018
                          Arising Out of PS. Case No.-381 Year-2016 Thana- BARH District- Patna
                 ======================================================
                 Sanjay Kumar Singh Son of Late Ram Ekbal Singh, Resident of Village-
                 Dharmpur, P.S.- Athmalgola, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :        Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   09-04-2026                     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 order dated 18.04.2018 passed by

                   the learned Sessions Judge-cum-Special Judge, Patna in Special

                   Case No. 95 of 2016, arising out of Barh P.S. Case No. 381 of

                   2016 by which cognizance was taken against the petitioner of

                   the offences under Sections 20 and 22 of N.D.P.S. Act.

                                3. From the report dated 07.03.2026 received from the

                   Court concerned, it appears that the trial has already been

                   concluded and the sole accused, namely, Sanjay Kumar Singh

                   has been acquitted.

                                4. It is submitted that this case has become

                   infructuous, accordingly, the same may be disposed of.
              Patna High Court CR. MISC. No.58776 of 2018(3) dt.09-04-2026
                                                          2/2




                                     5. Learned A.P.P. for the State has no objection to this

                        prayer.

                                     6. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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