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Patna High Court

SHASHI DUTT UPADHAYAversusTHE STATE OF BIHAR

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioners filed an application in the Patna High Court relating to a criminal miscellaneous case and later sought to withdraw it, requesting liberty to raise all grounds at a later stage. The court allowed the withdrawal, noting that any future application would be examined by the lower court with a reasoned order, referencing the Supreme Court's decision in Kanchan Kumar v. State of Bihar. The court emphasized that withdrawal does not preclude the petitioners from raising their substantive grounds later. Consequently, the application was dismissed as withdrawn. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • What is the effect of a petitioner's request to withdraw an application and can the court permit such withdrawal while preserving the right to raise grounds later?

Subjects

  • withdrawal of application
  • criminal procedure
  • high court order
  • procedural law
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53474 of 2019
                   Arising Out of PS. Case No.-1213 Year-2018 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
           1.     SHASHI DUTT UPADHAYA Son of Late Girija Dutt Upadhaya. Resident
                  of Village- Niwi, P.S.- Fatehpur, District- Gaya.
           2.    Hemant Dutt Upadhaya Son of Late Girija Dutt Upadhaya Resident of
                 Village- Niwi, P.S.- Fatehpur, District- Gaya.
           3.    Niraj Dutt Upadhaya Son of Shashi Dutt Upadhaya Resident of Village-
                 Niwi, P.S.- Fatehpur, District- Gaya.
           4.    Laleshwar Prasad Son of Khadakdhari Prasad Resident of Village- Bahuara,
                 P.S.- Sirdala, District- Nalanda.
           5.    Suma Devi Wife of Laleshwar Prasad Resident of Village- Bahuara, P.S.-
                 Sirdala, District- Nalanda.
           6.    Dilip Prasad Son of Laleshwar Prasad Resident of Village- Bahuara, P.S.-
                 Sirdala, District- Nalanda.

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    THE STATE OF BIHAR
           2.    Sunil Dutt Upadhaya @ Sunil Kumar Son of Nandlal Dutt Upadhaya
                 Resident of Village- Bahuara, P.S.- Sirdala, District- Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Sanjay Kr. Sinha
                 For the Opposite Party/s :    Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-01-2026                  Heard the parties.

                                2. After some arguments, learned counsel for the

                   petitioners prays for and is permitted to withdraw this

                   application application with liberty to the petitioners to raise all

                   the grounds at an appropriate stage.

                                3. It is made clear that if such an application is filed

                   by the petitioners then the same shall be considered by the
          Patna High Court CR. MISC. No.53474 of 2019(2) dt.22-01-2026
                                                      2/2




                    concerned Court below and a reasoned order shall be passed in

                    light of the judgment of the Hon’ble Supreme Court in the case

                    of Kanchan Kumar Vs. State of Bihar reported in (2022) 9

                    SCC 577.

                                 4. Accordingly, this application is dismissed as

                    withdrawn.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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