Created by Fuzzy Cloud

Patna High Court

LALAN KUMAR SINGHversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The application for quashing was dismissed as withdrawn, with liberty to file a fresh application after the trial concludes.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  • Whether the application for quashing can be withdrawn with liberty to file a fresh application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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.