Patna High Court

Ashok TiwariversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The application was disposed of as withdrawn.

Summary

The petitioner, Ashok Tiwari, filed an application before the Patna High Court seeking withdrawal of his earlier challenge to the order taking cognizance dated 06.01.2022 issued by the Chief Judicial Magistrate, Saharsa, and the subsequent order of the Additional Sessions Judge dated 20.10.2022. The petitioner relied on a prior judgment of a coordinate bench of the same court in Criminal Miscellaneous No. 8440 of 2023, which had quashed both the cognizance order and the revision order. Consequently, the petitioner moved that the present application be withdrawn as the orders under challenge no longer existed. The learned counsel for the petitioner, Mr. Sanjeev Kumar, reiterated this request before the bench. The court accepted the request and disposed of the application as withdrawn, without further adjudication on any substantive issue.

Issues considered

What is the appropriate procedural step when a petitioner seeks to withdraw an application after the underlying orders have been quashed?

Subjects

cognizance
withdrawal of application
criminal procedure
revision
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16087 of 2024
                  Arising Out of PS. Case No.-546 Year-2021 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Ashok Tiwari Son of Late Baidyanath Tiwari Resident of Mohalla- Tiwari
                 Tola, Ward No. 33 (Old) 20 (New), P.S.- Saharsa, District- Saharsa, Pincode-
                 852201
                                                                              ... ... Petitioner
                                                  Versus
           1.     The State of Bihar
           2.     Archana Kumari Wife of Varun Sinha Resident of 25A, SS ALMERIA,
                  Sector - 84, District- Gurugram, State- Haryana, Pin Code-122004
                                                                        ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeev Kumar
                 For the Opposite Party/s :      Mr.Dilip Kumar No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-03-2026                    Heard the parties.
                                2. Learned counsel for the petitioner submitted that by
                   order dated 10.09.2024 passed by a coordinate Bench of this
                   Court in Cr. Misc. No. 8440 of 2023, the order under challenge,
                   i.e., the order taking cognizance, dated 06.01.2022, passed by
                   the learned In-charge Chief Judicial Magistrate, Saharsa in
                   Saharsa P.S. Case No. 546 of 2021 as well as the order dated
                   20.10.2022 passed by the learned Additional Sessions Judge-I,
                   Saharsa, in Criminal Revision No. 45 of 2022, has been quashed
                   and prays for withdrawal of this application as the cognizance
                   order under challenge has itself been quashed.
                                3. This application is disposed of as withdrawn.



                                              (Praveen Kumar, J)
Pawan/-

U     T

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