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Patna High Court

Dadan SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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The application is disposed of as withdrawn with liberty to the petitioners to challenge the order taking cognizance, without any opinion on the merits.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 The court granted the request, disposing of the application as withdrawn and expressly stating that it was not expressing any view on the merits of the case.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  • Whether an application to quash an FIR can be withdrawn after the investigation is completed and cognizance has been taken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


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