Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the application may be withdrawn with liberty to raise the pleaded points at a later stage, without expressing any opinion on the merits.
Summary
Rahul Kumar filed an application before the Patna High Court seeking permission to withdraw the pending application in criminal miscellaneous case No.14264 of 2024. The petitioner, through counsel Mr. Ghanshyam Tiwary, requested that the withdrawal be allowed while preserving the liberty to raise all points and grounds later during the trial. The court considered the request and, without expressing any view on the merits of the underlying case, granted the prayer. It ordered that the application be withdrawn with the liberty to raise the pleaded grounds at an appropriate stage. The order explicitly stated that no substantive opinion on the merits was rendered by the court.
Issues considered
- What is the appropriate procedure for withdrawing an application pending before the High Court?
- Does the court have the authority to permit withdrawal while preserving the petitioner’s right to raise the same grounds later?
Subjects
- withdrawal of application
- criminal procedure
- high court order
- liberty to raise points
- no merits opinion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14264 of 2024
Arising Out of PS. Case No.-688 Year-2023 Thana- DANAPUR District- Patna
======================================================
Rahul Kumar Son of Bijendra Ray R/o - Chaubey Gali, P.S.- Danapur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-03-2026 At the very outset, learned counsel for the petitioner
seeks permission to withdraw this application with 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 This application is permitted to be withdrawn with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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