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Patna High Court

Krishnanandan Chaubey @ Krishna Nand ChaubeyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court may grant permission to withdraw the application and dismiss it as withdrawn, without expressing any opinion on the merits.

Summary

The petitioner, Krishnanandan Chaubey, filed an application in the Patna High Court seeking permission to withdraw the pending criminal miscellaneous proceeding. The petitioner’s counsel requested liberty to raise all points at a later stage. The court considered whether it could grant such permission to withdraw the application. Justice Praveen Kumar granted the permission and dismissed the application as withdrawn, expressly stating that no opinion was rendered on the merits of the underlying case. Consequently, the proceedings stand without any substantive adjudication on the issues raised.

Issues considered

  • Whether the court may grant permission to withdraw the pending application and dismiss it as withdrawn without addressing the merits.

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2217 of 2026
                 Arising Out of PS. Case No.-155 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 Krishnanandan Chaubey @ Krishna Nand Chaubey S/o Shree Vijendra
                 Chaubey R/o vill - Vidaman Chak, P.S.- Ramgarh, Distt.- Kaimur at Bhabhua,
                 Bihar
                                                                            ... ... Petitioner
                                                  Versus
           1.     The State of Bihar
           2.     Rampramhans Chaubey S/o Vishundhari Chaubey R/o vill - Vidaman Chak,
                  P.s. - Ramgarh, Distt.- Kaimur at Bhabhua, Bihar
                                                                   ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar
                 For the Opposite Party/s :      Mr.Ram Naresh Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   11-03-2026                    Learned counsel for the petitioner seeks permission

                   to withdraw this application with liberty to raise all the points at

                   appropriate stage.

                                2. Permission is granted.

                                3. This application is dismissed 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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