Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The application is dismissed as withdrawn, with no opinion on the merits.
Summary
The petitioner, Shanti Devi, filed an application seeking permission to withdraw the pending criminal miscellaneous application while retaining the right to raise all points at the time of charge framing. The State of Bihar, represented by Nisha Kumari, opposed the petition. Counsel for the petitioner requested the court's permission to withdraw, and the court granted the prayer. Consequently, the application was dismissed as withdrawn. The court expressly clarified that it did not express any opinion on the merits of the underlying criminal case.
Issues considered
- Whether the petitioner may be permitted to withdraw the application without prejudice to raising points at charge framing
Subjects
- withdrawal of application
- criminal procedure
- charge framing
- procedural order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2607 of 2025
Arising Out of PS. Case No.-257 Year-2024 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Shanti Devi Wife of Jhalash @ Ramayodhya VILLAGE- SHIVRAJPUR, P.S-
KUCHAIKOT, DIST- GOPALGANJ
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nisha Kumari Daughter of Bidya Kushwaha Village- shivrajpur, Ps-
Kuchaikot, Dist- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. At the very outset, learned counsel for the petitioner
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withdrawn.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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