Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
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The application for quashing the FIR is dismissed as withdrawn, with liberty granted to the petitioner to raise his grounds at the appropriate stage of the trial.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 The application was dismissed as withdrawn, with the Court expressly stating that it had not expressed any opinion on the merits and that the petitioner retained the liberty to raise his grounds at the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- Whether an application for quashing an FIR can be withdrawn after cognizance has been taken and a discharge petition rejected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/-
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