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Patna High Court

Saro DeviversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the withdrawal of the application with liberty to raise points later, without expressing any view on the merits.

Summary

The petitioners, Saro Devi and Manju Devi, filed an application before the Patna High Court in a criminal miscellaneous case against the State of Bihar. They sought permission to withdraw the application while retaining the liberty to raise all points and grounds later during the trial. The learned counsel for the petitioners requested this withdrawal. The Court, after hearing, allowed the prayer and permitted the withdrawal with the specified liberty. It was expressly clarified that the Court did not express any opinion on the merits of the underlying case.

Issues considered

  • Whether the petitioners may withdraw their application with liberty to raise all points and grounds at a later stage of the trial

Subjects

  • withdrawal of application
  • procedural law
  • criminal miscellaneous
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14193 of 2024
                     Arising Out of PS. Case No.-212 Year-2019 Thana- ATHMALGOLA District- Patna
                 ======================================================
           1.     Saro Devi W/O BHOLI RAI R/O VILLAGE- GANJPAR, PS.-
                  ATHAMALGOLA, DIST. PATNA.
           2.    MANJU DEVI W/O AWADHESH RAI VILLAGE- DAKSHINICHAK,
                 PS.- ATHAMALGOLA, DIST. PATNA.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravi Shanker Pankaj
                 For the Opposite Party/s :      Mr.Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-03-2026                  At the very outset, learned counsel for the petitioners

                   seeks permission to withdraw this application with a liberty to

                   raise all the points available to him and also the grounds pleaded

                   in this application at the appropriate stage during the trial.

                                2. Prayer is allowed.

                                3. This application is permitted to be withdrawn with

                   the liberty aforesaid.

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

                   any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-
U      T


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