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Patna High Court

Idris Ansari @ Imran Ansari @ Md. IdrisversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn because it has become infructuous following the framing of charges.

Summary

The petitioner, Idris Ansari, filed an application before the Patna High Court seeking relief. While the proceedings were pending, the charges against him were framed by the trial court. The petitioner’s counsel subsequently moved to withdraw the application, arguing that it had become infructuous. The court examined the request and noted that once charges are framed, the pending application loses its purpose. Accordingly, the court dismissed the application as withdrawn, holding that it was no longer maintainable.

Issues considered

  • Whether an application pending before the court becomes infructuous and can be withdrawn after charges are framed

Subjects

  • Criminal Procedure Code
  • withdrawal of application
  • infructuous application
  • charges framed
  • High Court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4683 of 2019
                           Arising Out of PS. Case No.-2 Year-2015 Thana- AIRPORT District- Patna
                  ======================================================
                  Idris Ansari @ Imran Ansari @ Md. Idris Late Mir Hassan Resident of B-151,
                  Shaheen Bagh,Jamia Nagar,New Delhi-110025, at present Ayasa Girls School,
                  Lalu Nagar, Near Chhar Factory, P.S-Bettiah Mufassil,Distt.-West
                  Champaran.

                                                                                      ... ... Petitioner/s
                                                          Versus
            1.    The State of Bihar
            2.    Prof. Aslam Azad, S/O Late Md. Abbas R/O- Maulanagar, P.S. Pupri,
                  District- Sitamarhi Presently residing at Professor Bunglow, Rani Ghat, P.O.
                  Mahendru, District- Patna

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Md.Manaur Alam, Advocate
                                                    Mr. Arbind Kumar Singh
                  For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary
                  For the O.P. No. 2       :        Mr. Anisur Rahman, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    03-02-2026                   Heard the learned counsel for the petitioner, the

                    learned APP for the State and the learned counsel for the O.P.

                    No. 2.

                                  2. The learned counsel for the petitioner prays for and

                    is permitted to withdraw this application as the present

                    application has become infructuous in view of the charges

                    having been framed.

                                  3. Accordingly, this application is dismissed as

                    withdrawn as having become infructuous.



                                                        (Sandeep Kumar, J)
Shishir/-
U       T


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