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Patna High Court

MD. EKHLAQUE @ EKHALQUE AHMADversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court held that the petitioners may withdraw the application and dismissed it as withdrawn.

Summary

The petitioners, a group of twelve individuals from Charuanwan village, were acquitted in a criminal case (PS Case No.57 Year‑2018). After the acquittal, they filed an application before the Patna High Court seeking permission to withdraw it. The petitioners argued that, having been cleared of all charges, there was no further need for the application. The State opposed the withdrawal. Justice Sandeep Kumar noted the acquittal and granted the petitioners’ request, allowing the withdrawal. Consequently, the application was dismissed as withdrawn.

Issues considered

  • Whether the petitioners may be permitted to withdraw their application after being acquitted

Subjects

  • withdrawal of application
  • acquittal
  • criminal procedure
  • high court order

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.11502 of 2021
         Arising Out of PS. Case No.-57 Year-2018 Thana- SHEIKHOPUR SARAI District-
                                           Sheikhpura
     ======================================================
1.    Md. Ekhlaque @ Ekhalque Ahmad Son Of - Late Md. Hasim Resident Of
      Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District -
      Sheikhpura.
2.   Md. Dilshad Son Of - Md. Ekhlaque @ Ekhlaque Ahmad Resident Of
     Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District -
     Sheikhpura.
3.   Aamirshad @ Md Aamirshad Son Of- Md. Ekhlaque @ Ekhalque Ahmad
     Resident Of Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District
     - Sheikhpura.
4.   Irshad @ Md Irshad Son Of - Md. Ekhlaque @ Ekhalque Ahmad Resident
     Of Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District -
     Sheikhpura.
5.   Shahrukh @ Md Shahrukh Son Of - Md. Ekhlaque @ Ekhalque Ahmad
     Resident Of Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District
     - Sheikhpura.
6.   Faisal @ Md Faisal Son Of - Md. Ekhlaque @ Ekhalque Ahmad Resident Of
     Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District -
     Sheikhpura.
7.   Md. Saqlain Son Of - Md. Ekhlaque @ Ekhalque Ahmad Resident Of
     Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District -
     Sheikhpura.
8.   Afsar @ Md Afsar Son Of- Md. Ekhlaque @ Ekhalque Ahmad Resident Of
     Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District -
     Sheikhpura.
9.   Md. Manowar Son Of- Md. Ekhlaque @ Ekhalque Ahmad Resident Of
     Village And P.O. - Charuanwan, P.S. - Shekhopur Sarai, District -
     Sheikhpura.
10. Md. Raja Son Of- Md. Murad Resident Of Village And P.O. - Charuanwan,
    P.S. - Shekhopur Sarai, District - Sheikhpura.
11. Md. Mahfooz Son Of - Late Md. Mahmood Resident Of Village And P.O. -
    Charuanwan, P.S. - Shekhopur Sarai, District - Sheikhpura.
12. Md. Afiridi Son Of- Md. Chand Resident Of Village And P.O. -
    Charuanwan, P.S. - Shekhopur Sarai, District - Sheikhpura.

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

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr.Pritish Kumar Lal
            Patna High Court CR. MISC. No.11502 of 2021(3) dt.02-02-2026
                                                        2/2




                   For the Opposite Party/s :        Mr.Shyameshwar Dayal
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                         ORAL ORDER

3    02-02-2026                    Heard the learned counsel for the petitioners and the

                      learned counsel for the State.

                                   2. At the very outset, the learned counsel for the

                      petitioners submits that the petitioners have been acquitted and

                      hence, he seeks permission to withdraw the application.

                                   3. Permission as prayed is granted.

                                   4. Accordingly, this application is dismissed as

                      withdrawn.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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