Patna High Court
SANJAY SINGHversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the withdrawal of the application and dismissed it as withdrawn, without adjudicating the merits of the underlying case.
Summary
The petitioner, Sanjay Singh, filed a criminal miscellaneous application challenging the order taking cognizance passed by the 7th Additional District & Sessions Judge‑cum‑Special Judge under the POCSO Act in connection with PS‑157 of 2023. While the application was pending, the trial proceeded, charges were framed and two prosecution witnesses were examined. The petitioner then sought permission from the High Court to withdraw his application. The Court, after hearing counsel, granted the request and dismissed the application as withdrawn, expressly stating that it did not express any opinion on the merits of the underlying criminal case. Consequently, the proceedings under the miscellaneous application were terminated without prejudice to the ongoing trial.
Issues considered
- Whether a criminal miscellaneous application challenging an order taking cognizance can be withdrawn after the trial has commenced
Legislation cited
Subjects
- Criminal Procedure
- Order taking cognizance
- Withdrawal of application
- POCSO Act
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2591 of 2024
Arising Out of PS. Case No.-157 Year-2019 Thana- CHHAURADANO District- East
Champaran
======================================================
SANJAY SINGH
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner submits that by
way of present application, the petitioner has challenged the
order taking cognizance passed by the 7th Additional District &
Sessions Judge -cum- Special Judge, POCSO Act, East
Champran in connection with Chhauradano P.S. Case No. 157
of 2023 but, during pendency of the present application, charges
came to be framed against the petitioner and the trial has now
commenced in which two prosecution witnesses have been
examined, thus, he seeks permission to withdraw this
application.
2. Permission, as sough for, is accorded.
3.Accordingly, this criminal miscellaneous application
Patna High Court CR. MISC. No.2591 of 2024(2) dt.10-03-2026
2/2
is dismissed as withdrawn.
4. It is made clear that this Court has not expressed
any opinion on the merits of the case.
(Praveen Kumar, J)
brajesh/-
U T
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