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Patna High Court

Ankur Singh @ Ankur Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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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