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Patna High Court

Pawan Singh @Pawan Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted permission to withdraw the application and disposed of it as withdrawn.

Summary

The petitioners, Pawan Singh and Pramod Singh, filed an application in a criminal miscellaneous proceeding arising from PS case No. 377 of 2022. Their counsel sought permission to withdraw the application and to raise any points at a later stage. The Hon'ble Justice Praveen Kumar granted the requested permission, allowing the withdrawal. The court disposed of the application as withdrawn, expressly stating that no opinion was expressed on the merits of the case. Consequently, the proceedings on the substantive issues remain pending, but the specific application is no longer before the court.

Issues considered

  • Whether the court may grant permission to withdraw an application filed in a criminal miscellaneous proceeding

Subjects

  • withdrawal of application
  • criminal miscellaneous proceeding
  • procedural order
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10406 of 2024
                        Arising Out of PS. Case No.-377 Year-2022 Thana- TARAIYA District- Saran
                 ======================================================
           1.     Pawan Singh @Pawan Kumar Singh Son Of Binesh Singh Resident Of
                  Village -harpur Faridanpur, Ps- Taraiya Dist- Saran At Chapra
           2.    Pramod Singh Son Of Binesh Singh @ Vinesh Kumar Singh Resident Of
                 Village- Bochani Thokar No. 3, Ps- Gopalpur, Distt- Bhagalpur
                                                                            ... ... Petitioners
                                                   Versus
           1.    The State of Bihar
           2.     Sandhya Devi Wife Of Jitendra Baitha Resident Of Village- Harlaschak, Ps-
                  Taraiya Distt- Saran At Chapra
                                                                     ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kundan Kumar Sinha
                 For the Opposite Party/s :        Mr.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   16-03-2026                   At the very outset, learned counsel for the petitioners

                   fairly submits that he would be filing appropriate application at

                   the appropriate time of the proceeding and seeks permission to

                   withdraw this application with liberty to raise all the available

                   points to him at such stage.

                                2. Permission is granted.

                                3. This application is disposed of as withdrawn with

                   the liberty aforesaid.

                                4. It is made clear that this court has not expressed

                   any opinion on the merits of the case.


                                              (Praveen Kumar, J)
Pawan/-

U     T


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