Patna High Court
Shivam kumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted permission to withdraw the application with liberty to move before the appropriate forum after charge framing.
Summary
Shivam Kumar appealed against the State of Bihar and Sunita Devi in a criminal matter arising from PS case No.28 of 2025. The appellant sought the court's permission to withdraw his application, requesting liberty to re‑file before the appropriate forum after the charge is framed. The learned counsel for the appellant argued that withdrawal at this stage would not prejudice the proceedings. The court considered the procedural propriety of allowing a withdrawal before charge framing and found no impediment. Consequently, the court granted permission to withdraw the application with liberty to approach the proper forum later. The petition was dismissed as withdrawn.
Issues considered
- Whether the appellant may be permitted to withdraw his application before the framing of charge
Subjects
- criminal appeal
- withdrawal of application
- charge framing
- procedural law
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.475 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- NAANPUR District- Sitamarhi
======================================================
Shivam kumar Son of Nawal Choudhary Resident of village - Kauriya,
Raipur, P.S.- Nanpur, Distt.- Sitamarhi
... ... Appellant/s
Versus
1. The State of Bihar
2. Sunita Devi W/o Teta Dhankhar R/o vill - Kauriya Raipur, P.S.- Nanpur,
Distt.- Sitamarhi
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amit Anand, Advocate
For the Resp. No. 2 : Mr. Akash Kumar, Advocate
For the State : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-04-2026 Heard Mr. Amit Anand, learned counsel for the
appellant, Mr. Akash Kumar, learned counsel for the
Respondent No. 2 and Mr. Binay Krishna, learned Spl.P.P. for
the State.
2. After some arguments, learned counsels for the
appellant seeks permission to withdraw the application with
liberty to move before the appropriate forum after framing of
charge.
3. Permission is accorded.
4. The petition stands dismissed as withdrawn with
the aforesaid liberty.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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