Gaurav Kumar v. the State of Bihar
Case brief
What is this about?
Withdrawal of criminal appeal with liberty; quashing of F.I.R. under SC and ST Act; setting aside of cognizance order; cognizance taken after charge-sheet submission; discharge application before Trial Court; fresh appeal against charge order; condonation of delay for certified copy of cognizance order; Patna High Court; Khagaria; Maheshkhunt PS Case No. 42/2024; Gaurav Kumar and Indu Devi v. State of Bihar and Nitu Kumari; Jitendra Kumar, J.; appeal disposed of with liberty. Relevant where an FIR-quashing appeal becomes infructuous upon cognizance and the appellant wishes to seek discharge before the trial court.
What did the court decide?
Appeal permitted to be withdrawn and disposed of with liberty to the appellants to move appropriate application before the learned Trial Court (including for discharge), and, if aggrieved by subsequent orders of the Trial Court/Court below (including at the stage of charge), to approach this Court afresh, including by way of a fresh appeal against the charge order.