Patna High Court
HARENDRA SINGHversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The Court permitted the withdrawal of the application and dismissed it as withdrawn.
Summary
Harendra Singh filed an application seeking to quash the cognizance order dated 24‑10‑2021 in CIS No. 373 of 2019 under the SC/ST Act. He later approached the Patna High Court requesting permission to withdraw that application. The Court, after hearing counsel, granted the petitioner's request, allowing the withdrawal and dismissing the application as withdrawn. The Court also granted the petitioner liberty to pursue any appropriate remedy under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Finally, the Court directed the office to furnish the relevant case documents to the petitioner's counsel.
Issues considered
- Whether a petitioner may be permitted to withdraw an application for quashing a cognizance order under the SC/ST Act
- Whether the court can grant liberty to the petitioner to pursue other remedies under the SC/ST Act after withdrawal
Legislation cited
Subjects
- withdrawal of application
- quashing cognizance order
- SC/ST Act
- high court order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57956 of 2023
Arising Out of PS. Case No.-661 Year-2019 Thana- MADHAURAH District- Saran
======================================================
Harendra Singh Son of Janak Singh Resident of village - Marhaura Vashiya
Tola, P.S. - Marhaurah, Distt. - Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunaina Devi Premchand Manjhi Resident of Marhaurah, Purani Bazar, P.S.
- Marhaurah, Distt. - Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Nityanand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 07-01-2026 Heard Mr. Shekhar Harshvardhan, learned counsel for the
petitioner and Mr. Nityanand Tiwary, learned APP for the State.
2. Learned counsel for the petitioner seeks permission
to withdraw the present application filed for quashing the
cognizance order dated 24.10.2021 passed in CIS No. 373 of
2019 / SC/ST Case No. 217 of 2021 arising out of Marhaurah
P.S. Case No. 661 of 2019, with liberty to avail appropriate
remedy under the relevant provisions of the SC/ST Act.
3. Permission, as prayed for, is accorded.
Patna High Court CR. MISC. No.57956 of 2023(2) dt.07-01-2026
2/2
4. Accordingly, the application is dismissed as
withdrawn, with the aforesaid liberty.
5. Office is directed to supply the relevant documents
from the record to the learned counsel for the petitioner, as per
requisition.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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