Patna High Court
Manju PandeyversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petitioner's request to withdraw the application.
Summary
Manju Pandey, Kedarnath Pathak and Prem Shankar Pathak filed a criminal miscellaneous application before the Patna High Court against the State of Bihar and Surya Kant Pandey. The petitioners sought permission to withdraw their application after charges had been framed, requesting to raise all points at the trial stage. The learned counsel for the petitioners moved for withdrawal, and the court entertained the request. Justice Praveen Kumar allowed the withdrawal, dismissing the application as withdrawn. The order expressly states that the court did not express any opinion on the merits of the underlying case.
Issues considered
- Whether the petitioner may withdraw the criminal miscellaneous application after charges have been framed
Subjects
- withdrawal of application
- procedural order
- criminal miscellaneous
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30665 of 2025
Arising Out of PS. Case No.-732 Year-2024 Thana- JAKKANPUR District- Patna
======================================================
1. Manju Pandey Wife of Late Manikant Pandey Mohalla- Mithapur, B Area,
Nahar Par, P.S.- Jakkanpur, District- Patna
2. Kedarnath Pathak son of Late Mathura Pathak Mohalla- Mithapur, B Area,
Nahar Par, P.S.- Jakkanpur, District- Patna
3. Prem Shankar Pathak son of Late Bagban Pathak Mohalla- Mithapur, B
Area, Nahar Par, P.S.- Jakkanpur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Surya Kant Pandey son of Chandrakant Pandey Mohalla- Mithapur, B Area,
Nahar Par, P.S.- Jakkanpur, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Upadhyay, Adv
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-04-2026 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 as during the
pendency of this case charges came to be framed and further
prays to raise all the points available to him and also the
grounds pleaded in this application at the appropriate stage of
the trial.
3. Prayer is allowed.
4. Accordingly, this application is dismissed as
Patna High Court CR. MISC. No.30665 of 2025(2) dt.23-04-2026
2/2
withdrawn with the liberty aforesaid.
5. It is made clear that this Court has not expressed
my opinion on the merits of this case.
(Praveen Kumar, J)
niku/-
U T
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