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Patna High Court

SANJAY KUMAR AMBASTHA @ SANJAY KUMAR AMBASTversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

Holding

The application may be withdrawn, and the interim order dated 05‑10‑2015 is vacated.

Summary

Petitioner Sanjay Kumar Ambasta filed an application in a criminal miscellaneous case, which he later sought to withdraw. The court, after hearing counsel for all parties, permitted the withdrawal and allowed the petitioner to raise all grounds at the charge‑framing stage. The court referenced the Supreme Court decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577 for guidance. Consequently, the interim order dated 05‑10‑2015 was vacated. The order was to be communicated to the District Magistrate, Munger, to enable further proceedings.

Issues considered

  • What is the appropriate procedure for withdrawing an application filed in a criminal case?
  • Whether the interim order dated 05‑10‑2015 should remain in force pending the withdrawal?

Subjects

  • withdrawal of application
  • interim order vacated
  • criminal miscellaneous proceedings
  • charge framing
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52929 of 2015
                     Arising Out of PS. Case No.-785 Year-2015 Thana- MUNGER COMPLAINT CASE
                                                     District- Munger
                 ======================================================
                 SANJAY KUMAR AMBASTHA @ SANJAY KUMAR AMBAST Son of
                 Late Sarbdaman Prasad Ambastha Presently working as Principal, D.A.V.
                 Public School, Munger, Permanent resident of Babhni Ghat, Gaya, P.O. -
                 Gaya, P.S. - Civil Line, Gaya.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    State Of Bihar
           2.    Rajesh Kumar Mishra S/o Ramroop Mishra R/o Mohalla - Raisar opposite
                 of Bangla Durga, P.S. - Basudeopur, District - Munger.
           3.    CBSE Through Regional Director, Patna.
           4.    The Principal D.A.V Public School,Goshala Road, Munger.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Surinder Kumar, Advocate
                 For the Opposite Party/s :     Ms.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   08-01-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the State, learned counsel for C.B.S.E. and learned

                   counsel for O.P. No. 2.

                                2. After some arguments, learned counsel for the

                   petitioner is permitted to withdraw this application with liberty to

                   the petitioner to raise all the grounds at the stage of framing of

                   charge.

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

                   heard and considered by the learned court below in view of the

                   law laid down by the Hon’ble Supreme Court in the case of
              Patna High Court CR. MISC. No.52929 of 2015(6) dt.08-01-2026
                                                          2/2




                        Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577

                        and a reasoned order shall be passed.

                                     4. The interim order dated 05.10.2015 stands vacated.

                                     5. Let a copy of this order be communicated to D.M.,

                        Munger through FAX so that the case will proceed further.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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