Created by Fuzzy Cloud

Patna High Court

Braj Kishore ChoudharyversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as withdrawn with liberty to raise the grounds later.

Summary

The petitioner filed a criminal miscellaneous petition seeking permission to withdraw the application. He further prayed that he be allowed to raise all the grounds taken in the application before the trial court at the time of the final hearing. The court examined the prayer and the arguments advanced by counsel. It granted the petitioner's request, allowing the withdrawal of the petition while giving him liberty to raise the grounds later. Consequently, the petition was disposed of as withdrawn.

Issues considered

  • Whether the petitioner may be permitted to withdraw the criminal miscellaneous application and retain the liberty to raise the grounds later before the trial court

Subjects

  • withdrawal of application
  • criminal miscellaneous petition
  • liberty to raise grounds
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45271 of 2016
                     Arising Out of PS. Case No.-1538 Year-2013 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
                 Braj Kishore Choudhary, Son of Shyam Sunder Choudhary, Resident of
                 Village- Choti Yusufpur, P.S.- Industrial Area, P.O.- Hajipur, Dist.- Vaishali.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.     Ramesh Choudhary Son of Late Saryug Choudhary, Resident of Village-
                  Bari Yusufpur, P.S.- Industrial Area, P.O.- Hajipur, Dist.- Vaishali.
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Anil Kumar, Adv.
                 For the State           :       Mr. Rana Randhir Singh, APP
                 For the O.P. No. 2      :       Mr. Pratik Kumar Sinha, Adv.
                                                 Mr. Vikash Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

6   06-02-2026                     After some argument, learned counsel appearing for

                   the petitioner seeks permission to withdraw this application with

                   a liberty to raise all the grounds taken by him in this application

                   before the trial court at the time of final hearing.

                                 2. In view of the aforesaid prayer, the instant criminal

                   miscellaneous petition stands disposed of as being withdrawn

                   with giving the petitioner the aforesaid liberty.




                                             (Shailendra Singh, J)

annu/-
U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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