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Patna High Court

Kumari SharendriversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court granted permission to withdraw the application and dismissed it as withdrawn, without expressing any view on the merits.

Summary

The petitioners, Kumari Sharendri and Bira Devi, filed an application in a criminal miscellaneous proceeding seeking permission to withdraw that application while retaining the right to raise all points available at the time of framing of charge. The learned counsel for the petitioners requested the Court's leave to withdraw, and the State opposed. The Hon'ble Justice Praveen Kumar considered the request and allowed the prayer. Consequently, the application was dismissed as withdrawn, with the Court expressly stating that it has not expressed any opinion on the merits of the underlying case. No substantive issues regarding the charge or evidence were addressed in this order.

Issues considered

  • Whether the Court may grant permission to withdraw an application without prejudice to the petitioner's right to raise points at the charge-framing stage

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1568 of 2025
                       Arising Out of PS. Case No.-142 Year-2022 Thana- MAIRWAN District- Siwan
                 ======================================================
           1.     Kumari Sharendri Wife of Krishna Nand Dwivedi Resident of Senihhapra,
                  Seni Chhapra, P.S.- Mairwa, Distt.- Siwan
           2.     Bira Devi @ Bina Devi Wife of Birendra Dubey Resident of Senihhapra,
                  Seni Chhapra, P.S.- Mairwa, Distt.- Siwan
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pranav Kumar
                 For the Opposite Party/s :       Mr.Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. At the very outset, learned counsel for the

                   petitioners seeks permission to withdraw this application with

                   liberty to raise all the points available to him at the time of

                   framing of charge.

                                3. Prayer is allowed.

                                4. Accordingly, this application is dismissed as

                   withdrawn.

                                5. 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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