Patna High Court
Kundan Kumar @ Dablu @ Dablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The application is disposed of as withdrawn, with no opinion on the merits.
Summary
The petitioners, Kundan Kumar and Hiran Kumar, filed a criminal miscellaneous application challenging the trial court’s order taking cognizance of the case against them. By the time the application was heard, the charges had already been framed, changing the procedural stage of the proceedings. The petitioners, through counsel, sought to withdraw the application and requested liberty to raise any points at a later stage. The Court granted permission to withdraw the application, emphasizing that no opinion was being expressed on the merits of the underlying criminal case. Consequently, the application was disposed of as withdrawn, leaving the criminal trial to proceed on the framed charges.
Issues considered
- Whether an application challenging the order taking cognizance can be withdrawn after charges have been framed
Subjects
- Criminal Procedure Code
- withdrawal of application
- cognizance
- charges framed
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1952 of 2025
Arising Out of PS. Case No.-46 Year-2024 Thana- BARBIGHA District- Sheikhpura
======================================================
1. Kundan Kumar @ Dablu @ Dablu Kumar Son of Nagendra Yadav @ Nago
Yadav Resident of Village- Balwapar, P.S.- Barbigha, Distt.- Sheikhpura
2. Hiran Kumar Son of Late Sanjay Yadav Resident of Village/Post- Pain,
P.S./District- Sheikhpura
... ... Petitioners
Versus
1. The State of Bihar
2. Jago Yadav Son of Late Saudi Yadav Resident of Balwapar, Nagar Parishad,
Barbigha, Ward No. 18, P.O. and P.s.- Barbigha, Distt.- Sheikhpura
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Kumar Lalit, Advocate
For the Opposite Party-State: Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-03-2026 Learned counsel for the petitioners, at the very
outset, fairly submits that the petitioners have challenged the
order taking cognizance, but by efflux of time, the stage has
changed and charges have already been framed against them and
accordingly he prays for withdrawal of this application with
liberty to raise all the points at appropriate stage.
2. Permission is granted.
3. This application is disposed of as withdrawn with
the liberty aforesaid.
4. It is made clear that this court has not expressed
any opinion on the merits of the case.
(Praveen Kumar, J)
Pawan/-
U T
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