Patna High Court

Gurudayal GuptaversusThe State of Bihar

Decided: 31 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The Court allowed the withdrawal of the application and disposed of it as withdrawn, without expressing any opinion on the merits.

Summary

The petitioners, Gurudayal Gupta and Om Prakash Gupta, filed an application seeking to withdraw their earlier application after the court had taken cognizance of the case. They argued that the passage of time justified withdrawal and requested liberty to raise any points on the order of cognizance in a fresh application. The learned counsel for the petitioners submitted this request before Justice Praveen Kumar. The Court permitted the withdrawal, ordering the application to be disposed of as withdrawn and granting liberty to file a fresh application on the points raised. No opinion was expressed on the merits of the underlying criminal matter.

Issues considered

Whether the petitioners may withdraw their application after cognizance has been taken
Whether the court can grant liberty to raise points on the cognizance order in a fresh application

Subjects

withdrawal of application
cognizance
procedural law
criminal procedure
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4143 of 2025
                  Arising Out of PS. Case No.-326 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua)
                  ======================================================
            1.     Gurudayal Gupta S/O Vijay Gupta R/O Vill.- Hata, P.s.- Chainpur, District-
                   Kaimur
            2.    Om Prakash Gupta S/O Late Sitaram Gupta R/O Vill.- Hata, P.s.- Chainpur,
                  District- Kaimur
                                                                        ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar
            2.     Sonu Kumar S/O Vashist Prasad R/O Vill.- Hata, P.s.- Chainpur, District-
                   Kaimur
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Kumar Saurav
                  For the Opposite Party/s :       Mr.Dinesh Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    31-03-2026                   At the very outset, learned counsel for the petitioners

                    has submitted that by efflux of time, cognizance has been taken

                    in this case and he seeks permission to withdraw this application

                    with liberty to challenge the order taking cognizance on points

                    available to him and also the grounds pleaded in this application

                    by filing an appropriate application.

                                 2 Prayer is allowed.

                                 3 This application is disposed of as withdrawn with

                    the liberty aforesaid.

                                 4 It is made clear that this Court has not expressed

                    any opinion on the merits of the case.


                                               (Praveen Kumar, J)
M.E.H./-

U      T

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