Patna High Court

Md. Iqbal @ M. Iqbal @ Md. EkabalversusThe State of Bihar

Decided: 24 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The application for quashing the FIR was withdrawn and disposed of without any adjudication on its merits.

Summary

The petitioner, Md. Iqbal, filed an application seeking quashing of the FIR registered against him. The counsel argued that the case had progressed to the stage where cognizance was taken and charges were framed, making the quash petition untenable. The petitioner subsequently decided to withdraw the application, seeking liberty to raise any points at a later stage. The Hon'ble Justice Praveen Kumar allowed the prayer for withdrawal. The court disposed of the application as withdrawn, expressly stating that it did not express any opinion on the merits of the case.

Issues considered

Whether the petition for quashing the FIR is maintainable after cognizance and framing of charges

Subjects

quash FIR
criminal procedure
withdrawal of application
cognizance
charges framed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26381 of 2025
                   Arising Out of PS. Case No.-234 Year-2013 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Md. Iqbal @ M. Iqbal @ Md. Ekabal son of Late Abdul Rahim VILLAGE-
                 NAWADA, PARSONI, P.S. -UCHAKAGAON, DISTRICT -GOPALGANJ
                                                                      ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     Nandu Sah @ Nahu Sah son of Late Narayan Sah village- Kamarpura, Ps-
                  Uchkagaon, Dist- Gopalganj
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :      Mr. Dr. Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   24-03-2026                  Learned counsel for the petitioner, at the very outset,

                   fairly submits that the petitioner has approached this Court for

                   quashing of the FIR but by efflux of time cognizance as well as

                   charges have been framed and as such he intends to withdraw

                   this application with a liberty to raise all the points available to

                   him at the appropriate stage.

                                3. Prayer is allowed.

                                4. Accordingly, this application is disposed of as

                   withdrawn with the liberty aforesaid.

                                5. It is made clear that this Court has not expressed

                   any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-
U      T

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