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Patna High Court

SACHCHIDA NAND LALL @ SACHITANAND LAL SAHversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the application as withdrawn, permitting the petitioners to file a fresh application if they wish.

Summary

The petitioners, a group of relatives from Banhara village, filed an application before the Patna High Court seeking to quash the FIR and challenge the order taking cognizance and issuing summons in PS‑Teghra Case No. 40 of 2021. On 3 February 2026, counsel for the petitioners, Ms. Mariya Nazir, requested permission to withdraw the application. The counsel for the second opposite party, Mr. Sandip Kumar Gautam, expressed no objection to the withdrawal. Justice Soni Shrivastava allowed the withdrawal and dismissed the application as withdrawn, while noting that the petitioners remain free to file a fresh application challenging the order of cognizance. No substantive merits of the original quash‑FIR claim were addressed, as the matter was terminated on procedural grounds.

Issues considered

  • Can an application seeking quash of an FIR be withdrawn by the petitioner after filing?
  • Does the court have the authority to dismiss the application as withdrawn upon the petitioner's request?

Subjects

  • quash FIR
  • withdrawal of application
  • cognizance
  • summons
  • criminal procedure
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6122 of 2022
                      Arising Out of PS. Case No.-40 Year-2021 Thana- TEGHRHA District- Begusarai
                 ======================================================
           1.     SACHCHIDA NAND LALL @ SACHITANAND LAL SAH Son of late
                  Shiv Nandan Lal Resident of Village - Banhara, P.s.- Bhagwanpur, Distt.-
                  Begusarai.
           2.    Kartik Lal @ Kartik Lal Sah Son of late Shiv Nandan Lal Resident of
                 Village - Banhara, P.s.- Bhagwanpur, Distt.- Begusarai.
           3.    Birendra Prasad Rajesh Son of Sachchida Nand Lall @ Sachitanand Lal Sah
                 Resident of Village - Banhara, P.s.- Bhagwanpur, Distt.- Begusarai.
           4.    Jitendra Prasad @ Jitendra Prasad Rajesh Son of Sachchida Nand Lall @
                 Sachitanand Lal Sah Resident of Village - Banhara, P.s.- Bhagwanpur,
                 Distt.- Begusarai.
           5.    Brajesh Kumar Son of Kartik Lal @ Katik La Sah Resident of Village -
                 Banhara, P.s.- Bhagwanpur, Distt.- Begusarai.
           6.    Krish Raj Son of Birendra Prasad Rajesh Resident of Village - Banhara, P.s.-
                 Bhagwanpur, Distt.- Begusarai.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Rabindra Paswan Son of Late Bhaglu Paswan Resident of Village - Banhara,
                 P.s.- Teghra and Distt.- Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Md. Nazir Ansari, Advocate
                                         :        Ms. Mariya Nazir, Advocate
                 For the State           :        Mr. Sadanand Paswan, APP
                 For the O.P. No.2       :        Mr. Sandip Kumar Gautam, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   03-02-2026                   Ms. Mariya Nazir, learned counsel appearing on

                   behalf of Md. Nazir Ansari seeks permission to withdraw the

                   present application in which the prayer is for quashing the F.I.R.

                   in order to challenge the order whereby cognizance now has

                   been taken and summons have been issued.

                                 2. Mr. Sandip Kumar Gautam, learned counsel for the
              Patna High Court CR. MISC. No.6122 of 2022(5) dt.03-02-2026
                                                          2/2




                        opposite party no.2 has no objection to the same.

                                     3. Accordingly, the present application is dismissed as

                        withdrawn. However, the petitioner would be at liberty to file a

                        fresh application for assailing the order taking cognizance in

                        connection with Teghra P.S. Case No.40 of 2021.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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