Patna High Court
LALAN KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The application for quashing was dismissed as withdrawn, with liberty to file a fresh application after the trial concludes.
Summary
The petitioner, Lalan Kumar Singh, filed an application seeking to quash the order dated 20 September 2018 of the Sub-Divisional Judicial Magistrate, Munger, which refused the release of his licensed revolver, and also to quash a subsequent order of the Additional Sessions Judge affirming the same. The State opposed the petition and filed a counter‑affidavit. After hearing, the petitioner’s senior counsel requested permission to withdraw the application and to file a fresh one after the main criminal trial concluded. The Court granted the permission to withdraw and dismissed the present application, directing the trial court to complete the pending criminal trial within six months and report back. The order was communicated to the Principal District & Sessions Judge, Munger for compliance.
Issues considered
- Whether the order refusing release of the licensed revolver should be quashed
- Whether the application for quashing can be withdrawn with liberty to file a fresh application
Subjects
- quash order
- licensed firearm
- criminal procedure
- withdrawal of application
- trial court directions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62987 of 2019
Arising Out of PS. Case No.-15 Year-2018 Thana- SANGRAMPUR District- Munger
======================================================
Lalan Kumar Singh Son Of Praduman Prasad Singh Resident Of Village -
Supaur Jamua, P.S.- Sangrampur, Dist.- Munger, At Present Ward No.8,
Lalganj, Agarpur, P.S.- Lalganj, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Sr. Advocate
Mr. Neeraj Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard the learned counsel for the petitioner and Mr.
Jharkhandi Upadhyay, the learned counsel for the State.
2. Mr. Jharkhandi Upadhyay, the learned APP
appearing for the State has filed a counter affidavit.
3. This application has been filed for quashing of the
order dated 20.09.2018 passed by the learned SDJM, Munger in
Sangrampur P.S. Case No. 15 of 2018 by which the Court below
refused to release the licensed revolver in favour of the
petitioner and also for quashing the order dated 29.05.2019
passed by the learned Addl. Sessions Judge-III, Munger in Cr.
Rev. No. 103 of 2018 which was filed against the order dated
20.09.2018 passed by the learned SDJM, Munger whereby ld.
Revisional Court has affirmed the said order.
Patna High Court CR. MISC. No.62987 of 2019(4) dt.20-01-2026
2/2
4. After some arguments, the learned Senior Counsel
appearing for the petitioner seeks permission to withdraw this
application with liberty to file a fresh application for release
after the trial of the main criminal case is concluded.
5. Permission, as prayed, is granted.
6. Accordingly, this application stands dismissed as
withdrawn with the aforesaid liberty.
7. The Trial Court is directed to conclude the trial of
Sangrampur P.S. Case No. 15 of 2018 within six months and
send a compliance report to this Court after six months.
8. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Munger through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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