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Patna High Court

SHALINI KUMARIversusTHE STATE OF BIHAR

Decided
Disposal
WITHDRAWN

Holding

The High Court granted permission to withdraw the application with liberty to raise points before the lower court, and dismissed the application as withdrawn.

Summary

Shalini Kumari and Kunal Mohan Gandhi filed a criminal miscellaneous application before the Patna High Court against the State of Bihar and Ever Rise Infosolution Pvt. Ltd. The petitioners sought permission to withdraw their application while retaining the liberty to raise their points before the lower court at the time of framing of charges. The learned counsel for the petitioners requested this relief, and the court considered the procedural propriety of allowing a withdrawal with such liberty. The bench, after hearing arguments, granted the petitioners' request. Consequently, the application was dismissed as withdrawn, with the petitioners free to raise their contentions before the trial court during charge framing.

Issues considered

  • Whether the High Court may permit withdrawal of a criminal miscellaneous application while allowing the petitioner to raise points before the lower court at the stage of charge framing

Subjects

  • withdrawal of application
  • criminal miscellaneous proceedings
  • procedural law
  • framing of charges
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50597 of 2023
                 Arising Out of PS. Case No.-3280 Year-2021 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     SHALINI KUMARI W/O KUNAL MOHAN GANDHI @ SONU JEE
                  PROPRIETOR OF RAJPATI ENTERPRISES, R/O VILLAGE-
                  MOHALLA- BAKERGANJ GOLA ROAD, PS. PIRBAHORE,
                  DIST./TOWN-PATNA
           2.    KUNAL MOHAN GANDHI @ SONU JEE S/O LATE MOHAN LAL R/O
                 MOHALLA- BAKERGANJ GOLA ROAD, PS. PIRBAHORE,
                 DIST./TOWN- PATNA

                                                                               ... ... Petitioner/s
                                                     Versus


           1.    THE STATE OF BIHAR
           2.    EVER RISE INFOSOLUTION PVT. LTD. THROUGH, SANJEEV
                 KUMAR JHA AGED ABOUT 45 YEARS, SON OF SHRICHANDRA
                 JHA, SENIOR ACCOUNTANT, RESIDENT OF NARAYANI SADAN,
                 SALIMPUR AHRA, P.O. AND PS. KADAMKUAN, DIST./TOWN-PATNA


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Sanjeev Kumar, Advocate
                 For the State          :       Mr. J.N. Thakur, APP
                 For the Informant      :       Dr. Harendra Nath Ojha, Advocate
                                                Mr. Jitendra Kr. Singh, Advocate
                                                Ms. Ridhi Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   24-02-2026                   Heard learned counsel for the parties.

                                 2. After some arguments, learned counsel for the

                   petitioners seeks permission to withdraw this application

                   with a liberty to raise his points before the learned Court

                   below at the time of framing of charges.

                                 3. Permission is accorded and consequently, the
             Patna High Court CR. MISC. No.50597 of 2023(5) dt.24-02-2026
                                                         2/2




                       present application is dismissed as withdrawn with the

                       aforesaid liberty.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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