Patna High Court
Ankur Singh @ Ankur Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The court granted permission to withdraw the appeal and allowed the appellant to move a discharge application.
Summary
Ankur Singh appealed against the trial court's cognizance order in a criminal case. The appellant's counsel sought the court's permission to withdraw the appeal and instead file a discharge application before the trial court. The High Court considered whether such withdrawal could be permitted. It held that the appellant may be allowed to withdraw the appeal and pursue a discharge application, with the liberty to approach the court again if aggrieved by any subsequent order. Accordingly, the court granted permission to withdraw and disposed of the appeal.
Issues considered
- Whether the appellant can be permitted to withdraw the criminal appeal and file a discharge application before the trial court
Subjects
- criminal appeal
- cognizance order
- withdrawal of petition
- discharge application
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2460 of 2024
Arising Out of PS. Case No.-1 Year-2022 Thana- SC/ST District- East Champaran
======================================================
Ankur Singh @ Ankur Kumar Singh S/o Anand Kumar Singh R/o village-
Garahiya, P.S.-Madhuban, District-East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Nagendra Ram Late Ram Autar Ram R/o Village-Garahiya, P.s-Madhuban,
District-East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jitendra Singh, Advocate
Mr. Abhishek, Advocate
Mr. Varun Krishna Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
For the Informant : Mr. Madhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 05-01-2026 The present criminal appeal has been filed by the
appellant challenging the cognizance order passed by learned
Trial Court. However, learned counsel for the appellant is
seeking permission to withdraw the present petition with liberty
to move an appropriate application before learned Court below
for discharge and thereafter, if the appellant is aggrieved by any
order on the discharge application, he may prefer an appropriate
application before this Court, if so advised.
2. Permission is accorded.
3. Accordingly, the present petition is disposed of with
the aforesaid liberty, as sought for.
(Jitendra Kumar, J)
ravishankar/-
U T
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