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Patna High Court

KRISHNA PRASAD KESHRIversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The High Court vacated the interim protection and permitted the petitioners to withdraw the application, allowing them to raise all grounds at the framing of charge stage.

Summary

Krishna Prasad Keshri and his wife Bina Devi filed an application before the Patna High Court seeking interim protection in a criminal miscellaneous proceeding. They later requested to withdraw the application and were granted liberty to raise all their grounds at the stage of framing of charge, as the trial had already commenced and three witnesses had been examined. The court noted that any such application would be considered by the lower court in accordance with the Supreme Court's decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. Accordingly, the High Court vacated the interim protection previously granted to the petitioners. The order directed that a copy be communicated to the Principal District Judge, Gaya, to allow the case to proceed. The petitioners' request to withdraw was effectively permitted, subject to the lower court's further consideration.

Issues considered

  • What is the appropriate procedure for withdrawing an application and raising grounds at the stage of framing of charge in a criminal trial?
  • Whether the interim protection granted to the petitioners should be vacated pending consideration by the lower court?

Subjects

  • criminal procedure
  • withdrawal of application
  • interim protection
  • framing of charge
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32153 of 2019
                     Arising Out of PS. Case No.-181 Year-2017 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
           1.     KRISHNA PRASAD KESHRI Son of Late Gopal Prasad Keshri Resident of
                  Mohalla - Lahriya Tola, P.S.- Kotwali, Distt - Gaya.
           2.    Bina Devi @ Veena Devi Wife of Krishna Prasad Keshri Resident of
                 Mohalla - Lahriya Tola, P.S.- Kotwali, Distt - Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ansul, Sr. Advocate
                                                  Mr.Tabish Sharfuddin, Advocate
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-01-2026                    Heard Mr. Ansul learned Senior Counsel for the

                   petitioners and learned counsel for the State.

                                 2. After some arguments, learned counsel for the

                   petitioners prays for and is permitted to withdraw this application

                   with liberty to the petitioners to raise all the grounds at the stage of

                   framing of charge as the trial has already commenced and three

                   witnesses have been examined after framing of charge.

                                 3. If such an application is filed, the same shall be

                   heard and considered by the learned court below in view of the

                   law laid down by the Hon’ble Supreme Court in the case of

                   Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577

                   and accordingly a reasoned order shall be passed.
              Patna High Court CR. MISC. No.32153 of 2019(4) dt.20-01-2026
                                                          2/2




                                     4. The interim protection, if any, granted to the

                        petitioners, is hereby vacated.

                                     5. Let a copy of this order be communicated to Principal

                        District Judge, Gaya Jee through FAX so that the case will proceed

                        further.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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