Patna High Court

SONU UPADHYAYversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The application is dismissed as withdrawn, with permission granted to the petitioner to withdraw the pending application.

Summary

Sonu Upadhyay filed a criminal miscellaneous application seeking discharge under Section 227 of the Criminal Procedure Code, challenging the order dated 24‑11‑2023 that rejected his discharge plea in POCSO case No. 14 of 2023. While the application was pending, charges were framed against him and the trial commenced. The petitioner then applied to withdraw his earlier application. The Patna High Court, after hearing counsel, granted permission to withdraw and dismissed the application as withdrawn, expressly stating that it did not opine on the merits of the underlying case.

Issues considered

Whether a petitioner may withdraw a criminal miscellaneous application under Section 227 Cr.P.C. after charges have been framed and trial commenced.

Legislation cited

Subjects

Criminal Procedure Code
Section 227
discharge
withdrawal of application
High Court
POCSO

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6440 of 2024
                   Arising Out of PS. Case No.-271 Year-2022 Thana- KUDRA District- Kaimur (Bhabua)
                 ======================================================
                 SONU UPADHYAY

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajani Kant Pandey, Adv.
                 For the Opposite Party/s :       Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   10-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioner submits that by

                   way of present application, the petitioner has challenged the

                   order dated 24.11.2023 passed by the Additional District &

                   Sessions Judge-V-cum- Special Judge, POCSO Act, Kaimur at

                   Bhabhua in connection with POCSO case No. 14 of 2023

                   arising out of Kudra P.S. Case No. 271 of 2022, by which the

                   petition filed by the petitioner for discharge under Section 227

                   of the Cr.P.C. has been rejected but, during pendency of the

                   present application, charges came to be framed against the

                   petitioner and trial has now commenced, thus, he seeks

                   permission to withdraw this application.

                                2. Permission, as sough for, is accorded.
            Patna High Court CR. MISC. No.6440 of 2024(2) dt.10-03-2026
                                                        2/2




                                   3.Accordingly, this criminal miscellaneous application

                      is dismissed as withdrawn.

                                   4. It is made clear that this Court has not expressed

                      any opinion on the merits of the case.



                                                 (Praveen Kumar, J)
brajesh/-

U       T

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