Patna High Court
KAMLESHWAR PRASAD @ K. P. PAPPUversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The court allowed the withdrawal of the application and vacated the interim order.
Summary
Kamleshwar Prasad filed a criminal miscellaneous application seeking to withdraw the pending application and to raise all grounds at the stage of framing of charge. The State of Bihar opposed the request. The court examined the petitioner's prayer in light of the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. It permitted the petitioner to withdraw the application and directed that any interim order previously granted be vacated. The order was communicated to the Principal District Judge, Muzaffarpur for further proceedings.
Issues considered
- Whether a petitioner may withdraw a criminal miscellaneous application and raise all grounds at the stage of framing of charge
- Whether an interim order previously granted to the petitioner should remain in force
Subjects
- criminal procedure
- withdrawal of application
- framing of charge
- interim order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53625 of 2019
Arising Out of PS. Case No.-688 Year-2012 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
KAMLESHWAR PRASAD @ K. P. PAPPU Son of Ayodhya Prasad Resident
of Mohalla- Rambhajan Bazar, Gola Road, P.S.- Town, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Chandra D/O- Ramchandra Prasad Mahto R/O-purani Bazar near Janki
Asthan Dist- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ansul, Sr.Advocate
Mr.Anuj Kumar, Advocate
For the State : Mr.Ram Sevak Choudhary, APP
For the Informant : Mr.Lal Babu Keshari, Advocate
Mr.Kamala Kant Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard Mr. Ansul, learned Senior Counsel for the
petitioner and learned counsel for the State.
2. After some arguments, learned Senior Counsel for the
petitioner prays for and is permitted to withdraw this application
with liberty to the petitioner to raise all the grounds at the stage of
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.53625 of 2019(4) dt.20-01-2026
2/2
4. The interim order, if any, granted to the petitioner, is
hereby vacated.
5. Let a copy of this order be communicated to Principal
District Judge, Muzaffarpur through FAX so that the case will
proceed further.
(Sandeep Kumar, J)
tusharika/-
U T
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