Created by Fuzzy Cloud

Patna High Court

Wasim Khan @ Md. BaseemversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The court exercised its discretion and granted permission to withdraw the application, dismissing it as withdrawn.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 Consequently, the application was dismissed as withdrawn, with liberty to file a fresh application before the lower court if desired.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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.