Patna High Court

MD. ATHAR PARWEZversusTHE STATE OF BIHARTHROUGH THE DIRECTOR GENERAL OF POLICE

Decided: 13 January 2026
Disposal: WITHDRAWN
Bench: JITENDRA KUMAR

Holding

The petition is dismissed as withdrawn, with liberty to the petitioner to challenge the cognizance order.

Summary

Petitioner Md. Athar Parwez filed a writ petition seeking to quash Police Station Kanti Case No. 102 of 2021, which alleged offences under IPC sections 406 and 420 and NI Act section 139. The High Court observed that a charge‑sheet had already been filed and cognizance taken, and the case was at the stage of appearance. The petitioner’s counsel requested permission to withdraw the writ petition while retaining the right to challenge the cognizance and summoning order. The Court granted this permission, allowing the petition to be withdrawn. Consequently, the writ petition was dismissed as withdrawn, with liberty to the petitioner to pursue the challenge against the cognizance order.

Issues considered

Whether a writ petition for quashing a criminal case can be entertained when cognizance has already been taken and a charge‑sheet filed
Whether the petitioner may withdraw the writ petition and still retain the right to challenge the cognizance/summoning order

Legislation cited

Indian Penal Code — s. 406, 420
Negotiable Instruments Act — s. 139

Subjects

writ petition
quash
cognizance
charge sheet
withdrawal
criminal procedure
IPC
Negotiable Instruments Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.647 of 2021
                      Arising Out of PS. Case No.-102 Year-2021 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Md. Athar Parwez, Son of Md. Nawab, R/O Mohalla- Prabhat Nagar, r/o
                 Village- Bhagwanpur, P.S.- Sadar, Dist.- Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through The Director General Of Police, Patna.
           2.    The Director General Of Police ,North Division, Muzaffarpur
           3.    The Inspector General Of Police, North Division, Muzaffarpur
           4.    The Senior Superintendent Of Police, Muzaffarpur
           5.    The Deputy Superintendent Of Police, West Muzaffarpur
           6.    The Deputy of Police, Saraiya, Muzaffarpur
           7.    The Officer-In-Charge of Kanti Police Station, Muzaffarpur
           8.    The Officer-In-Charge of Karja Police Station, Muzaffarpur
           9.    The Branch Manager, Branch Bhagwanpur, Dist.- Bhagwanpur
           10. Zeenat Jamal Parween, Wife Of Samayala Nabi, R/O Village- Majhaulia,
               P.S.- Sadar, P.O.- Dumri, Dist.- Muzaffarpur
           11. Md. Alam, Son Of Md. Usman, R/O Village- Matharapur, P.O.- Palahin,
               P.S.- Sadar, Dist.- Muzaffarpur
           12. Md. Israil Mansoor Son Of Md. Usman R/O Village- Matharapur, P.O.-
               Palahin, P.S.- Sadar, Dist.- Muzaffarpur
           13. Dhirendra Kumar, Son Of Ram Hulash Rai, R/O Village- Phalahpur, P.S.-
               Kanti, Dist.- Muzaffarpur
           14. Ram Sewak Sah, Son Of Subhlal Sah, R/O Village- Goriara, P.S.- Karja,
               Dist.- Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mazharul Hassan, Advocate.
                 For the Respondent/s     :        Mr.A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

5   13-01-2026                  The present writ petition has been preferred by the

                   petitioner for quashing the Kanti P.S. Case No. 102 of 2021 for

                   the offences under Sections 406, 420 of the Indian Penal Code

                   and Section 139 of the Negotiable instrument Act. However, as
          Patna High Court CR. WJC No.647 of 2021(5) dt.13-01-2026
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                    per report from learned court below, in the same Police Case,

                    not only charge sheet has been submitted but cognizance has

                    been taken against the petitioner and the case is running at the

                    stage of appearance.

                                  3. At this stage, learned counsel for the petitioner is

                    seeking permission to withdraw the present petition with liberty

                    to challenge the cognizance/summoning order against the

                    petitioner.

                                  4. Permission is accorded.

                                  5. Accordingly, the present petition is dismissed as

                    withdrawn with liberty to the petitioner as sought for.



                                                               (Jitendra Kumar, J)
S.Ali/-

U

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