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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for quashing the FIR is dismissed as withdrawn, with liberty granted to the petitioner to raise his grounds at the appropriate stage of the trial.

Summary

The petitioner, Sunil Kumar, filed an application seeking quashing of the FIR registered against him. The trial court had already taken cognizance of the offence and rejected his earlier discharge petition. Consequently, the petitioner moved this Court to withdraw the quash‑FIR application, requesting liberty to raise all grounds at a later stage of the trial. The Court, after hearing counsel, granted permission to withdraw the application. The application was dismissed as withdrawn, with the Court expressly stating that it had not expressed any opinion on the merits and that the petitioner retained the liberty to raise his grounds at the appropriate stage of the trial.

Issues considered

  • Whether an application for quashing an FIR can be withdrawn after cognizance has been taken and a discharge petition rejected
  • Whether the Court can grant liberty to the petitioner to raise the substantive grounds at a later stage of the trial

Subjects

  • quash FIR
  • withdrawal of application
  • cognizance
  • discharge petition
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11377 of 2024
                        Arising Out of PS. Case No.-9 Year-2021 Thana- VIGILANCE District- Patna
                 ======================================================
                 Sunil Kumar S/o Mishri Lal Singh R/o SDO Road under Killa Kidzee Gali,
                 Ward No. 15, P.S. - Nagar Hajipur, Dist. - Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    The Vigilance Department, Government of Bihar through Additional Chief
                 Secretary Suchna Bhawan New Secretariat, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jitendra Pd. Singh, Senior Advocate
                                                   Mr. Venkatesh Kaushik, Advocate
                 For the State            :        Mr. Kumar Veerendra Narayan, APP
                 For the Vigilance        :        Mr. Rana Vikram Singh, Law officer, Vigilance
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   16-03-2026                   Heard the parties.

                                 2. At the very outset, the learned Senior Counsel for

                   petitioner submits that the petitioner has approached this Court

                   for quashing of the FIR but by the efflux of time, cognizance

                   has been taken against him and discharge petition has been

                   rejected. Therefore, he seeks permission to withdraw this

                   application with liberty to the petitioner to raise all the grounds

                   at the appropriate stage of trial

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is dismissed as

                   withdrawn with the aforesaid liberty to the petitioner.

                                 5. It is clarified that this Court has not expressed any
              Patna High Court CR. MISC. No.11377 of 2024(2) dt.16-03-2026
                                                          2/2




                        opinion on the merits of the case.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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