Patna High Court

Shila Chandra KumarversusThe State Of Bihar

Decided: 23 March 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition was withdrawn by the petitioner and the High Court disposed of the proceedings.

Summary

The petitioner, Shila Chandra Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 28-08-2017 of the Judicial Magistrate 1st Class, Patna, which had rejected his earlier petition challenging the magistrate's cognizance of offences under Sections 409, 120(B) and 34 of the Indian Penal Code. During the hearing on 23-03-2026, the petitioner expressed a desire to withdraw the petition and requested the court to dispose of the matter. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the withdrawal. Considering the parties' submissions, the High Court disposed of the petition, effectively granting the withdrawal.

Issues considered

Whether a petition filed under Section 482 Cr.P.C. for quashing a lower court order can be withdrawn by the petitioner
Whether the High Court can entertain a petition for quash after the petitioner seeks to withdraw it

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 120B, 34, 409

Subjects

Criminal Procedure
Section 482 Cr.P.C.
Quash petition
Withdrawal of petition
Cognizance of offence
High Court disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37956 of 2018
                     Arising Out of PS. Case No.-478 Year-2001 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Shila Chandra Kumar S/o late S. Das, R/o New Patliputra Colony Road No. 1,
                 P.O. and P.S.- Patliputra, District- Patna.
                                                                            ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Brijnandan, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   23-03-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order dated 28.08.2017 passed by

                   the learned Judicial Magistrate 1st Class, Patna in Gardanibagh

                   P.S. Case No. 478 of 2001 by which the petition filed by the

                   petitioner challenging the cognizance of offence under

                   Sections 409, 120(B)/34 of the I.P.C. was rejected.

                                3. Learned counsel for the petitioner submits that he

                   does not want to press the petition and prays to dispose of the

                   same.

                                4. Learned A.P.P. for the State has no objection to

                   this prayer of the petitioner.

                                5. Considering the submissions of the learned
              Patna High Court CR. MISC. No.37956 of 2018(4) dt.23-03-2026
                                                          2/2




                        counsels for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J.)
rakhi/-

U         T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.