Patna High Court
Dadan SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The application is disposed of as withdrawn with liberty to the petitioners to challenge the order taking cognizance, without any opinion on the merits.
Summary
The petitioners, four individuals related to Dadan Sah, filed a petition in the Patna High Court seeking to quash the FIR filed against them. By the time of the hearing, the investigation had concluded, a charge sheet was filed, and the court had taken cognizance of the offence. The petitioners requested permission to withdraw their application while retaining the right to challenge the order of cognizance. The court granted the request, disposing of the application as withdrawn and expressly stating that it was not expressing any view on the merits of the case. Consequently, the petitioners may now pursue a separate challenge to the cognizance order if they wish.
Issues considered
- Whether an application to quash an FIR can be withdrawn after the investigation is completed and cognizance has been taken
- Whether the court can grant liberty to the petitioners to challenge the order taking cognizance
Subjects
- quash FIR
- withdrawal of application
- cognizance
- criminal procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77901 of 2024
Arising Out of PS. Case No.-36 Year-2024 Thana- SC/ST District- Rohtas
======================================================
1. Dadan Sah S/o Gaurishankar Sah R/o vill - Ganj Bharsara, P.S. - Dinara,
Distt. - Rohtas
2. Tejshwar Gandhi @ Dineshwar Gandhi S/o Dadan Sah R/o vill - Ganj
Bharsara, P.S. - Dinara, Distt. - Rohtas
3. Niranjan Gandhi S/o Dadan Sah R/o vill - Ganj Bharsara, P.S. - Dinara,
Distt. - Rohtas
4. Chhote Gandhi @ Chitranjan Gandhi S/o Dadan Sah R/o vill - Ganj
Bharsara, P.S. - Dinara, Distt. - Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rohit Paswan S/o Late Bharat Paswan R/o vill - Ganj Bharsara, P.S. -
Dinara, Distt. - Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 30-03-2026 Heard the parties.
2. At the very outset, learned counsel for the
petitioners very fairly submits that the petitioners have
approached this Court for quashing of the FIR but by the efflux
of time, the investigation has concluded, the charge sheet has
been filed and cognizance has been taken against the petitioners.
Therefore, he seeks permission to withdraw this application
with the liberty to challenge the order taking cognizance.
3. Permission is accorded.
Patna High Court CR. MISC. No.77901 of 2024(2) dt.30-03-2026
2/2
4. Accordingly, the present application is disposed of
as withdrawn with the aforesaid liberty to the petitioners.
5. It is clarified that this Court has not expressed any
opinion on the merits of the case.
(Praveen Kumar, J)
Jyoti/-
U T
Checking your session…