Patna High Court
Jeeshan @ Jisan @ Md. JisanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn, and the appellant is permitted to file a fresh criminal miscellaneous application.
Summary
The appellant, Jeeshan @ Jisan, filed Criminal Appeal No.2081 of 2026 challenging a conviction under the Protection of Children from Sexual Offences (POCSO) Act. During the hearing, the appellant’s counsel sought permission to withdraw the appeal and instead file a fresh criminal miscellaneous application, citing that cognizance had been taken after the appeal was lodged. The Court considered whether the appeal could be withdrawn and a new application permitted. The judge granted permission to withdraw the appeal, directing that the appeal be dismissed as withdrawn. The court also ordered the return of all annexures to the appellant’s counsel, except for the vakalatnama.
Issues considered
- Whether an appeal under the POCSO Act may be withdrawn after filing and a fresh criminal miscellaneous application filed in its place.
Legislation cited
Subjects
- Criminal Procedure
- Withdrawal of Appeal
- POCSO Act
- Fresh Application
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2081 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- PAHARKATTA District- Kishanganj
======================================================
Jeeshan @ Jisan @ Md. Jisan Son of Abdul Rahman Resident of Village
-Jhinakhor PS- Pothiya Dist- Kishanganj
... ... Appellant/s
Versus
The State of Bihar and another ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Radha Mohan Singh
For the Respondent/s : Ms.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-07-2026 1. Heard learned counsel for the appellant and learned
Special P.P. for the State.
2. The learned counsel for the appellant, at the outset,
seeks permission to withdraw the appeal with liberty to file a
fresh Criminal Miscellaneous Application as cognizance was
taken subsequent to filing of the instant appeal under the
POCSO Act also.
3. Permission is accorded.
4. Accordingly, instant appeal is dismissed as
withdrawn.
5. The office is directed to return all the Annexures to
the learned counsel appearing on behalf of the appellant except
the vakalatnama.
(Satyavrat Verma, J)
vikash/-
U T
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