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Patna High Court

Sushil Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application is disposed of as withdrawn, with liberty to the petitioners to challenge the order taking cognizance.

Summary

The petitioners filed an application seeking quash of an FIR, but the chargesheet had already been filed and cognizance taken against them. They requested permission to withdraw the application while retaining the right to challenge the order of taking cognizance. The Court, after hearing counsel, granted the request to withdraw. The application was consequently disposed of as withdrawn, with liberty to the petitioners to pursue a separate challenge to the cognizance order. No substantive merits of the FIR or the charges were examined, and the Court expressly clarified that it made no opinion on the underlying case.

Issues considered

  • Whether the petition for quashing the FIR can be entertained after the chargesheet has been filed and cognizance taken
  • Whether the petitioners may be permitted to withdraw the application while preserving the right to challenge the order of taking cognizance

Subjects

  • quash FIR
  • withdrawal of application
  • cognizance
  • criminal procedure
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50020 of 2025
                   Arising Out of PS. Case No.-419 Year-2019 Thana- BUDDHACOLONY District- Patna
                 ======================================================
           1.     Sushil Kumar Singh S/O Uma Kant Singh Resident of Flat No. 302, Veena
                  Mansion Apartment, Nageshwar Colony, Boring Road, P.S.- SK Puri,
                  District- Patna.
           2.    Purusottam Kumar Singh S/O Surendra Singh Resident of Flat No. 304,
                 Krishna Kunj Apartment, Baba Lodge, Sri Krishna Nagar, P.S.- SK Puri,
                 District- Patna.
           3.    Raj Kumar Singh @ Raj Kumar S/O Rajendra Prashad Singh R/O Singh
                 Bhawan, Near HRDT School, Shivpuri Road NO. 1, Rajvanshi Nagar, P.S-
                 Shastri Nagar, Distt.- Patna.
           4.    Brajindra Singh Batra S/O Dalip Singh Batra Director of Imperia Structures
                 Limited, A-25, Mohan Cooperative, Sarita Vihar, P.S- Greater Kailash,
                 Distt.- South Delhi, New Delhi- 110048.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Abhiyank Sinha S/O Braj Bhushan Prasad Sinha R/O C-404, Monika
                 Apartment, Opposite Jagdeo Path, Khajpura, Bailey Road, P.S- Raja Bazar,
                 Distt.- Patna.
           3.    Bhawna D/O Braj Bhushan Prasad Sinha R/O C-404, Monika Apartment,
                 Opposite Jagdeo Path, Khajpura, Bailey Road, P.S- Raja Bazar, Distt.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anuraj Singh,Advocate
                 For the Opposite Party/s :      Dr. Mritunjaya Kumar Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   22-06-2026                  Heard the parties.

                                2. At the very outset, learned counsel for the

                   petitioners very fairly submits that the petitioners have

                   approached this Court for quashing of the FIR but by the efflux

                   of time, the chargesheet have been filed and cognizance has

                   been taken against the petitioners. Therefore, he seeks
              Patna High Court CR. MISC. No.50020 of 2025(2) dt.22-06-2026
                                                          2/2




                        permission to withdraw this application with the liberty to

                        challenge the order taking cognizance.

                                     3. Permission is accorded.

                                     4. Accordingly, the present application is disposed of

                        as withdrawn with the aforesaid liberty to the petitioners.

                                     5. It is clarified that this Court has not expressed any

                        opinion on the merits of the case.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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