Patna High Court
SHALINI KUMARIversusTHE STATE OF BIHAR
- Decided
- Disposal
- WITHDRAWN
- Bench
- NAWNEET KUMAR PANDEY
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to withdraw the application with liberty to raise points before the lower court, and dismissed the application as withdrawn.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 Consequently, the application was dismissed as withdrawn, with the petitioners free to raise their contentions before the trial court during charge framing.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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