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Patna High Court

RANJIT KUMAR SHUKLA @ CHANDAN SHUKLAversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application for quashing the order is dismissed as withdrawn.

Summary

The petitioner, Ranjit Kumar Shukla, filed an application seeking to quash the order dated 01.07.2021 of the Chief Judicial Magistrate, Vaishali, which had taken cognizance of an alleged offence under Section 306 of the Indian Penal Code. The petition argued that the cognizance was improper. During the hearing, the petitioner’s counsel withdrew the application, seeking liberty to raise the grounds at a later stage, such as at discharge. The Court allowed the withdrawal and dismissed the application as withdrawn, directing that a copy of the order be sent to the Principal District & Sessions Judge, Vaishali. No substantive merits on the quash petition were decided.

Issues considered

  • Whether the order taking cognizance of an offence under Section 306 IPC can be quashed.

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 306 IPC
  • quash petition
  • withdrawal of application
  • cognizance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41885 of 2021
                        Arising Out of PS. Case No.-296 Year-2021 Thana- NAGAR District- Vaishali
                 ======================================================
                 RANJIT KUMAR SHUKLA @ CHANDAN SHUKLA S/o Late Bijendra
                 Prasad Shukla Resident of Behind of Shukla Market, Rajendra Chowk,
                 Mohalla- Pokhara, P.S.- Hajipur Town, District- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Nilu Shukla W/o Late Indrajeet Kumar @ Kundan Shukla Resident of
                 Behind of Shukla Market, Rajendra Chowk, Mohalla- Pokhara, P.S.- Hajipur
                 Town, District- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Ranjan
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   03-02-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. This application has been filed for quashing of the

                   order dated 01.07.2021 passed in Hajipur Town P.S. Case No.

                   296 of 2021 by learned Chief Judicial Magistrate, Vaishali at

                   Hajipur by which cognizance was taken for the offence

                   punishable under Section 306 of the Indian Penal Code.

                                3. After some arguments, the learned counsel

                   appearing for the petitioner 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.

                                4. If such an application is filed, the same shall be
            Patna High Court CR. MISC. No.41885 of 2021(6) dt.03-02-2026
                                                        2/2




                      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, Vaishali at Hajipur through

                      FAX for its compliance forthwith.



                                                 (Sandeep Kumar, J)
shishir/-

U


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