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Patna High Court

Manoranjan PrasadversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that permission may be granted to withdraw an application at the charge‑framing stage and dismissed the application as withdrawn.

Summary

Manoranjan Prasad and Baby Devi filed an application before the Patna High Court seeking to raise all grounds at the stage of framing of charge. The State of Bihar and Lalmuni Devi opposed the application. The petitioners, through counsel, requested permission to withdraw the application. The Court considered whether such permission could be granted at the charge‑framing stage. It granted the petitioners' request and dismissed the application as withdrawn, thereby allowing the petitioners to raise their grounds later.

Issues considered

  • Whether the Court may grant permission to withdraw an application seeking to raise all grounds at the charge‑framing stage

Subjects

  • Criminal Procedure Code
  • withdrawal of application
  • charge framing
  • permission to withdraw

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1396 of 2024
                    Arising Out of PS. Case No.-659 Year-2013 Thana- JEHANABAD COMPLAINT CASE
                                                     District- Jehanabad
                  ======================================================
             1.    Manoranjan Prasad Son of Phekan Sao R/o vill - Dhamaul, P.s. - Kurtha,
                   Distt. - Arwal
             2.   Baby Devi W/o Manoranjan Prasad R/o vill - Dhamaul, P.s. - Kurtha, Distt. -
                  Arwal
                                                                           ... ... Petitioner/s
                                                 Versus
             1.   The State of Bihar Bihar
             2.    Lalmuni Devi W/o Nand Kishore Sao R/o vill - Fekan Bigha, P.S. - Arwal,
                   Distt. - Arwal
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Dhurendra Kumar, Advocate
                  For the Opposite Party/s :      Dr. Indiwar Kumari, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    09-02-2026                  Heard learned counsel for the petitioners and learned

                    Additional Public Prosecutor for the State.

                                 2. After some arguments, learned counsel for the

                    petitioners seek permission to withdraw this application to raise

                    all the grounds at the stage of framing of charge.

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is dismissed as

                    withdrawn with the aforesaid liberty.



                                               (Sandeep Kumar, J)
mdrashid/-

U      T


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