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Patna High Court

PARMESHWAR SHARMAversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The application for quashing was dismissed as withdrawn.

Summary

Petitioners Parmeshwar Sharma and Sohan Sharma filed an application seeking quash of an order dated 21‑11‑2019 that had taken cognizance of offences under Sections 341, 323, 354, 504 and 34 of the Indian Penal Code. The petitioners, through counsel, later decided to withdraw the application, seeking liberty to raise any grounds at a later stage. The Hon’ble Justice Sandeep Kumar allowed the withdrawal and dismissed the application as withdrawn. The order also directed that a copy be sent to the Principal District & Sessions Judge, Gopalganj for compliance. No substantive merits of the quash petition were considered.

Issues considered

  • Whether the application for quashing the order dated 21‑11‑2019 can be entertained after the petitioners seek to withdraw it

Legislation cited

Subjects

  • criminal procedure
  • quash petition
  • withdrawal of application
  • IPC offences
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41002 of 2021
                    Arising Out of PS. Case No.-122 Year-2017 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
           1.     Parmeshwar Sharma S/O Late Gulab Sharma R/O Village- Jajwalia, P.S.-
                  Vijaipur, District- Gopalganj
           2.    Sohan Sharma S/O Parmeshwar Sharma R/O Village- Jajwalia, P.S.-
                 Vijaipur, District- Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Pandey No.5
                 For the Opposite Party/s :       Mr. Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   03-02-2026                  Heard the learned counsel for the petitioners and the

                   learned counsel for the State.

                                2. This application has been filed for quashing of the

                   order dated 21.11.2019 passed in Trial No. 2371/2021 arising

                   out of Vijaipur @ Bijaipur P.S. Case No. 122 of 2017 by learned

                   Additional Chief Judicial Magistrate-IV, Gopalganj by which

                   cognizance was taken for the offence punishable under Sections

                   341, 323, 354, 504/34 of the Indian Penal Code.

                                3. After some arguments, the learned counsel

                   appearing for the petitioners prays for and is permitted to

                   withdraw this application with liberty to raise all the grounds at

                   the stage of discharge/ at an appropriate stage. Accordingly, this

                   application is dismissed as withdrawn.
            Patna High Court CR. MISC. No.41002 of 2021(4) dt.03-02-2026
                                                        2/2




                                   4. If such an application is filed, the same shall be

                      considered by the Court below and a reasoned order shall be

                      passed in accordance with law and in view of the law laid down

                      by the Hon’ble Supreme Court in the case of Kanchan Kumar

                      Vs. The State of Bihar reported in (2022) 9 SCC 577.

                                   5. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Gopalganj through FAX for

                      its compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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