Patna High Court
Arun KumarversusState Of Bihar and Anr
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR PANDEY
Holding
The application for quashing the cognizance order is dismissed as withdrawn.
Summary
The petitioner, Arun Kumar, filed an application seeking to quash the cognizance order dated 28‑04‑2017 in Complaint Case No. 824C of 2015. During the pendency of this application, the petitioner was acquitted in the underlying complaint. Consequently, the petitioner’s counsel requested permission to withdraw the quash petition. The State’s Additional Public Prosecutor did not oppose the withdrawal. The Court, noting the acquittal and the lack of opposition, dismissed the application as withdrawn.
Issues considered
- What is the appropriate procedure for withdrawing a pending application for quashing a cognizance order after the petitioner has been acquitted?
Subjects
- criminal procedure
- cognizance order
- quash petition
- withdrawal
- acquittal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64698 of 2018
Arising Out of PS. Case No.-824 Year-2015 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Arun Kumar S/o V.K. Singh, Madhya Gramin Bank, Brahmpur, resident of
Mohalla- Hanuman Nagar, P.S.- Patrakarnagar, District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Birendra Prasad , Son of Late Yadunandan Prasad, resident of Village- Naya
Bigha, Post Office- Mahanandpur, Police Station- Nagarnausa, District-
Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar, Advocate
Mr. Umesh Kumar Yadav, Advocate
For the Opposite Party/s : Sri Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 21-01-2026 This application has been filed for quashing of
the cognizance order dated 28.04.2017 passed in Complaint
Case No. 824C of 2015.
2. Mr. Umesh Kumar Yadav, learned counsel for
the petitioner submits that during the pendency of this
application, the petitioner has been acquitted in Complaint
Case No. 824C of 2015. In view thereof, he seeks
Patna High Court CR. MISC. No.64698 of 2018(2) dt.21-01-2026
2/2
permission to withdraw the present application.
3. Learned A.P.P. for the State does not controvert
the submissions made by the learned counsel for the
petitioner.
4. In view of the above, the present application
stands dismissed as withdrawn.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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