Patna High Court
Wasim Khan @ Md. BaseemversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The court exercised its discretion and granted permission to withdraw the application, dismissing it as withdrawn.
Summary
Wasim Khan (also known as Md. Baseem) filed a criminal miscellaneous application before the Patna High Court. The petitioner, through counsel Abhay Shanker Singh, sought the court's permission to withdraw the pending application, stating that the same order had already been challenged in another proceeding (Cr. Misc. No. 23867 of 2025). The court considered whether it could exercise its discretion to allow the withdrawal of a pending application. Relying on its inherent powers to manage its own process and noting no prejudice to the State, the court granted the request. Consequently, the application was dismissed as withdrawn, with liberty to file a fresh application before the lower court if desired.
Issues considered
- Whether the High Court may grant permission to withdraw a pending criminal miscellaneous application.
Subjects
- withdrawal of application
- procedural discretion
- criminal miscellaneous proceedings
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20201 of 2026
Arising Out of PS. Case No.-284 Year-2024 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Wasim Khan @ Md. Baseem S/o Md. Asim Khan @ Mohammad Ashik
Resident of village- Nawada, PS- Mohiuddinnagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Mr. Abhay Shanker Singh, learned counsel
for the petitioner and Mr. Surendra Kumar, learned Additional
Public Prosecutor for the State.
2. Learned counsel for the petitioner seeks permission
to withdraw this application with liberty to file a fresh before
the learned court below as the impugned order has already been
assailed in Cr. Misc. No. 23867 of 2025.
3. Permission is accorded.
4. Accordingly, this application stands dismissed as
withdrawn with the aforesaid liberty
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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