Patna High Court
Renu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The application is disposed of as withdrawn, with liberty to raise all points at the appropriate stage.
Summary
The petitioners, Renu Devi and Om Prakash Mahtha, challenged the trial court's order taking cognizance of the case against them. Over time, the investigation progressed and charges were formally framed. The petitioners then moved this Court seeking to withdraw their application, requesting liberty to raise all points at a later appropriate stage. The learned counsel argued that the procedural stage had changed, making the withdrawal appropriate. The Court granted permission to withdraw the application, clarified that no merits were decided, and allowed the petitioners to raise their points later.
Issues considered
- Whether an application challenging the order taking cognizance can be withdrawn after charges have been framed, with liberty to raise substantive points at a later stage
Subjects
- criminal procedure
- withdrawal of application
- cognizance
- charges framed
- procedural order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1954 of 2025
Arising Out of PS. Case No.-71 Year-2024 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
1. Renu Devi Wife of Om Prakash Mahtha @ Om Prakash Mahatha Resident
of Village- Balha, P.S.- Ashok Paper Mill, District- Darbhanga
2. Om Prakash Mahtha @ Om Prakash Mahatha Son of Late Baso Mahatha
Resident of Vill- Balha, P.S.- Ashok Paper Mill, District- Darbhanga
... ... Petitioners
Versus
1. The State of Bihar
2. Dinesh Prasad Son of Late Ganga Prasad Resident of Vill and P.S.- Raxual,
Ward No. 18, District- East Champaran
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party-State: Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-03-2026 Learned counsel for the petitioners, at the very
outset, fairly submits that the petitioners have challenged the
order taking cognizance, but by efflux of time, the stage has
changed and charges have already been framed against them and
accordingly he prays for withdrawal of 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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