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Patna High Court

DEEPAK SINGH @ JAY SHANKAR SINGHversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court permitted the withdrawal of the application and disposed of it as withdrawn without expressing any opinion on the merits.

Summary

The petitioner, Deepak Singh, was facing charges in a criminal case (PS Case No.267 of 2010) in Lakhisarai. He filed an application seeking permission to withdraw the proceedings, citing the efflux of time in framing charges. The primary issue was whether the court could allow the withdrawal of the application on the ground of delay. The court, after hearing counsel, granted permission to withdraw the application, emphasizing that no opinion on the merits would be expressed. Consequently, the application was disposed of as withdrawn, with liberty to raise any points at a later stage.

Issues considered

  • Whether the court may permit withdrawal of an application on the ground of efflux of time in framing charges

Subjects

  • withdrawal of application
  • efflux of time
  • criminal procedure
  • high court
  • charges framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10448 of 2024
                   Arising Out of PS. Case No.-267 Year-2010 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Deepak Singh @ Jay Shankar Singh S/O Sri Satya Narayan Singh R/O Ward
                 No.-5, Town, P.S And Distt.- Lakhisarai.
                                                                           ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhay Shankar Singh
                 For the Opposite Party/s :       Mrs.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

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

                   submits that by efflux of time charges have been framed against

                   the petitioner also and seeks permission to withdraw this

                   application with liberty to raise all the points at appropriate

                   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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