Patna High Court
Ravi Shankar PaswanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The Court permitted the withdrawal of the application and dismissed it as withdrawn.
Summary
The petitioners, a group of individuals from the Paswan family, filed an application before the Patna High Court seeking to quash the FIR registered against them. While the application was pending, cognizance was taken by the trial court, changing the stage of the criminal proceedings. The petitioners then moved the High Court for permission to withdraw their application on the ground that it had become infructuous. The Court, after hearing counsel, granted permission to withdraw and dismissed the application as withdrawn, while reserving the liberty to the petitioners to file a fresh application on new facts. No substantive merits of the quash petition were adjudicated.
Issues considered
- What is the appropriate procedure when petitioners wish to withdraw an application for quashing an FIR after cognizance has been taken?
Subjects
- quash FIR
- withdrawal of application
- cognizance
- criminal procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85034 of 2024
Arising Out of PS. Case No.-310 Year-2024 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
1. Ravi Shankar Paswan S/o- Ram Nageena Paswan Resident of Fakharabad,
Kudra Fakhrabad, Kaimur, Bhabua
2. Shivshankar Paswan @ Bhola S/o- RamNageena Paswan R/o- Behera Nasej,
Kaimur Bhabua
3. Ram Nageena Paswan S/o- Kawal Paswan Resident of Fakharabad, Kudra
Fakhrabad, Kaimur, Bhabua
4. Lakhshuman Paswan S/o- Kaval Paswan Resident of Fakharabad, Kudra
Fakhrabad, Kaimur, Bhabua
5. Vijendra Paswan S/o- Ravi Shankar Paswan Resident of Fakharabad,
Ghatawan, Kaimur, Bhabua
6. Rintu Kumar S/o- Laxman Paswan Resident of Fakharabad, Kudra
Fakhrabad, Kaimur, Bhabua
7. Nitish Paswan S/o- RAvi Shankar Paswan Resident of Fakharabad, Kudra
Fakhrabad, Kaimur, Bhabua
8. Domini Devi W/o- Ram Nageena Paswan Resident of Fakharabad, Kudra
Fakhrabad, Kaimur, Bhabua
9. Usha Devi W/o- Shivshankar Paswan Resident of Fakharabad, Ghatawan,
Kaimur, Bhabua
10. Amrita Kumari D/o-Ravi Shankar Paswan Resident of Fakharabad, Kudra
Fakhrabad, Kaimur, Bhabua
11. Mira Kumari D/o- Ravi Shankar Paswan Resident of Fakharabad,
Ghatawan, Kaimur, Bhabua
12. Anjali Kumari D/o- Ravi Shankar Paswan Resident of Fakharabad, Kudra
Fakhrabad, Kaimur, Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suman Kumari D/o- Mangal Chaudhary Resident of Fakharabad, Kudra,
Kaimur, Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Alka Verma, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
For the O.P. No. 2 : Mr. Ravi Shankar Sahay, Advocate
Mr. Rakesh Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
Patna High Court CR. MISC. No.85034 of 2024(3) dt.08-01-2026
2/2
ORAL ORDER
3 08-01-2026 Learned counsel for the petitioners seeks permission
of this Court to withdraw the present application on the ground
that cognizance has been taken against the petitioners and, as
such, the stage of the case has changed, rendering the present
application for quashing of the F.I.R. infructuous.
2. Permission is accorded.
3. Accordingly, the present application is dismissed as
withdrawn. However, liberty is reserved to the petitioners to
approach this Court afresh by filing an appropriate application
on new facts, in accordance with law.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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