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Patna High Court

Md. JahangirversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application was disposed of as withdrawn because the acquittal made it infructuous.

Summary

The petitioner, Md. Jahangir, was acquitted by the trial court in a criminal case. Following the acquittal, the petitioner filed an application before the High Court, the nature of which is not specified in the record. The petitioner’s counsel subsequently moved that, since the acquittal rendered the application moot, it should be withdrawn. The learned counsel for the State opposed the withdrawal. The Court considered whether a pending application could be withdrawn after the petitioner’s acquittal. Finding no impediment, the Court allowed the withdrawal and disposed of the application as withdrawn.

Issues considered

  • Whether an application pending before the High Court can be withdrawn after the petitioner has been acquitted in the trial court

Subjects

  • Criminal Procedure
  • Acquittal
  • Withdrawal of Application
  • High Court
  • Procedural Law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.596 of 2026
                   Arising Out of PS. Case No.-1543 Year-2025 Thana- PHULWARISHARIF District- Patna
                  ======================================================
                  Md. Jahangir Son of Shaukat Resident of Faisal Colony, Isopur, P.S.-
                  Phulwari Sharif, Dist.- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Prabhat Ranjan Singh, Advocate
                  For the Opposite Party/s :      Mr. Ahmad Ali, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER

2    15-01-2026                  Mr. Prabhat Ranjan Singh, learned counsel for the

                    petitioner submits that the petitioner having been acquitted in

                    the learned trial Court, the instant application has become

                    infructuous. As such, he seeks permission to withdraw the

                    instant application.

                                 2. In view of the above, the application is disposed off

                    as withdrawn.



                                               (Partha Sarthy, J)
sauravkrsinha/-

U      T


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