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Patna High Court

SHYAM BHAJAN THAKURversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn upon the court's permission to withdraw.

Summary

The appellants filed a criminal appeal challenging the order of cognizance in a case registered as PS Case No.15 of 2020. While the appeal was pending, the trial court proceeded to frame charges against the appellants. The counsel for the appellants then moved the High Court seeking permission to withdraw the appeal, arguing that the procedural stage had changed. The learned judge considered whether an appeal could be withdrawn after charge framing and whether court permission was required. Permission to withdraw was granted, and the appeal was dismissed as withdrawn. The order effectively closed the appellate proceedings without a substantive decision on the merits.

Issues considered

  • Can a criminal appeal be withdrawn after the trial court has framed charges against the appellant?
  • Is court permission required to withdraw an appeal at this stage of the proceedings?

Subjects

  • criminal appeal
  • withdrawal of appeal
  • order of cognizance
  • charge framing
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1622 of 2022
                       Arising Out of PS. Case No.-15 Year-2020 Thana- SC/ST District- Madhubani
                 ======================================================
           1.     Shyam Bhajan Thakur Son of Shambhu Sharan Thakur R/o- Vill- Andauli,
                  P.S.- Madhuapur, Dist- Madhubani
           2.    Shambhu Sharan Thakur Son of Chandrika Prasad Thakur R/o- Vill-
                 Andauli, P.S.- Madhuapur, Dist- Madhubani
           3.    Krishna Kumar Thakur Son of Late Sitaram Thakur R/o- Vill- Andauli, P.S.-
                 Madhuapur, Dist- Madhubani
           4.    Uday Shankar Thakur Son of Late Sitaram Thakur R/o- Vill- Andauli, P.S.-
                 Madhuapur, Dist- Madhubani
           5.    Dinbandhu Thakur Son of Bhuvneshwar Thakur R/o- Vill- Andauli, P.S.-
                 Madhuapur, Dist- Madhubani
           6.    Sudhir Thakur Son of Late Ram Lakhan Thakur R/o- Vill- Andauli, P.S.-
                 Madhuapur, Dist- Madhubani
           7.    Vaidyanath Thakur Son of Vikash Narayan Thakur R/o- Vill- Andauli, P.S.-
                 Madhuapur, Dist- Madhubani

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Lal Bihari Paswan Son of Late Sonelal Paswan R/o- Vill- Andauli, P.S.-
                 Madhuapur, Dist- Madhubani

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ravi Ranjan
                 For the Respondent/s    :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   10-04-2026                 Heard learned counsel for the parties concerned.

                               2. Learned counsel for the appellants submits that the

                   present appeal was filed against the order of cognizance, but

                   now the stage has changed and charges have been framed

                   against the appellants; accordingly, he seeks permission to

                   withdraw this appeal.
           Patna High Court CR. APP (SJ) No.1622 of 2022(2) dt.10-04-2026
                                                        2/2




                                  3. Permission, as prayed for, is accorded.

                                  4. Accordingly, the present appeal is dismissed as

                     withdrawn.



                                               (Anil Kumar Sinha, J)
Siwani/-

U      T


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