Created by Fuzzy Cloud

Patna High Court

Meena DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court granted permission to withdraw the application, dismissing it as withdrawn with liberty to raise points later.

Summary

The petitioner, Meena Devi, filed an application seeking liberty to withdraw the pending application and to raise all points at the stage of framing of charge. The petitioner’s counsel requested the Court’s permission to withdraw the application. The Court considered whether it could grant such permission under criminal procedural law. The Court granted the request, allowing the petitioner to withdraw the application with liberty to raise arguments later. Consequently, the application was dismissed as withdrawn, and the Court expressly stated that it did not opine on the merits of the underlying case.

Issues considered

  • Whether the Court may grant permission to withdraw the application and allow the petitioner to raise points at the charge‑framing stage

Subjects

  • withdrawal of application
  • criminal procedure
  • charge framing
  • procedural order
  • permission to withdraw

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2449 of 2026
                   Arising Out of PS. Case No.-95 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
                  ======================================================
                  Meena Devi W/o Dilip Singh R/o Village- Tarhani, PS- Sonhan, Distt.-
                  Kaimur
                                                                      ... ... Petitioner/s
                                               Versus
            1.     The State of Bihar
            2.     Kanchan Devi W/o Late Sanjay Kumar Singh R/o vill - Tarhani, P.S.-
                   Sonhan, Distt.- Kaimur
                                                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ravi Kumar, Advocate
                  For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    11-03-2026                  Heard the parties.

                                 2. At the very outset, the learned counsel for

                    petitioner seeks permission to withdraw this application with

                    liberty to the petitioner to raise all the points at the time of

                    framing of charge.

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is dismissed as

                    withdrawn with the aforesaid liberty to the petitioner.

                                 5. It is clarified that this Court has not expressed any

                    opinion on the merits of the case.



                                               (Praveen Kumar, J)
Jyoti/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.