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Patna High Court

Avadhesh Yadav @ Awdhesh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court allowed the withdrawal of the application and dismissed it as withdrawn without expressing any opinion on the merits.

Summary

The petitioners, a group of individuals including Avadhesh Yadav and others, filed a criminal miscellaneous application before the Patna High Court in a case arising from a police report in Begusarai. The application sought certain relief, but the petitioner's counsel later requested permission to withdraw the application while reserving the right to raise all points at the time of framing of charge. The learned counsel for the State opposed the withdrawal. The court considered whether it could permit the withdrawal of the application. It held that, having received the petitioner's request, it could allow the withdrawal and dismissed the application as withdrawn. The court expressly clarified that it was not expressing any opinion on the merits of the underlying criminal case.

Issues considered

  • Whether the court may permit the withdrawal of the petitioner's application with liberty to raise points at the time of framing of charge

Subjects

  • withdrawal of application
  • criminal procedure
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2332 of 2025
                 Arising Out of PS. Case No.-123 Year-2023 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
           1.     Avadhesh Yadav @ Awdhesh Yadav Son of Horil Yadav village- Sahuri
                  Baraipura, Ward no.10, Barajpura, P.S-. Khodawandpur (Chhaurahi O.P),
                  Dist- Begusarai, Bihar
           2.    Rudal Yadav son of Horil Yadav village- Sahuri Baraipura, Ward no.10,
                 Barajpura, P.S-. Khodawandpur (Chhaurahi O.P), Dist- Begusarai, Bihar
           3.    Vibha Devi Wife of Rudal Yadav village- Sahuri Baraipura, Ward no.10,
                 Barajpura, P.S-. Khodawandpur (Chhaurahi O.P), Dist- Begusarai, Bihar
           4.    Ramsumari Devi@ Ramsomari Devi wife of Avdhesh Yadav village- Sahuri
                 Baraipura, Ward no.10, Barajpura, P.S-. Khodawandpur (Chhaurahi O.P),
                 Dist- Begusarai, Bihar
           5.    Lalita Devi wife of Horil Yadav village- Sahuri Baraipura, Ward no.10,
                 Barajpura, P.S-. Khodawandpur (Chhaurahi O.P), Dist- Begusarai, Bihar

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Shailo Devi wife of Dinesh Yadav village- Barajpura, P.S-. Khodawandpur
                 (Chhaurahi O.P), Dist- Begusarai, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeev Kumar Mishra
                 For the Opposite Party/s :      Mr.Ram Sumiran Rai
                 ======================================================
                 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.
           Patna High Court CR. MISC. No.2332 of 2025(2) dt.13-03-2026
                                                       2/2




                                  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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