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Patna High Court

Ram Babu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application is disposed of as withdrawn, with liberty granted to the petitioners to raise all grounds later.

Summary

Ram Babu Singh and his wife Rinki Singh filed an application in the Patna High Court seeking permission to withdraw the same, reserving the right to raise all grounds later in the trial. The petitioners requested liberty to withdraw the application at an appropriate stage. The learned counsel for the petitioners was Mr. Ashok Kumar No.6, while the State was represented by Mr. Anuj Kumar Shrivastava, APP. The Court, after hearing on 18-03-2026, granted the petitioners' request and disposed of the application as withdrawn, expressly stating that no opinion on the merits was expressed. Consequently, the proceedings on this application were terminated without any substantive adjudication.

Issues considered

  • Whether the Court may grant permission to withdraw an application while allowing the petitioners to raise all grounds at a later stage in the trial

Subjects

  • withdrawal of application
  • procedural order
  • criminal miscellaneous
  • court discretion
  • trial proceedings

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5389 of 2025
                      Arising Out of PS. Case No.-28 Year-2017 Thana- HASPURA District- Aurangabad
                  ======================================================
            1.     Ram Babu Singh S/o Bhagwat Singh Resident of Village- Tal, PS- Haspura,
                   Distt.- Aurangabad
            2.    Rinki Singh W/o Ram Babu Singh Resident of Village- Tal, PS- Haspura,
                  Distt.- Aurangabad
                                                                       ... ... Petitioner/s
                                               Versus
            1.    The State of Bihar
            2.     Sunita Devi W/o Ram Babu Singh Resident of Village- Tal, PS- Haspura,
                   Distt.- Aurangabad
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ashok Kumar No.6, Advocate
                  For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    18-03-2026                    Heard the parties.

                                 2. At the very outset, the learned counsel for the

                    petitioners seeks permission to withdraw this application with

                    liberty to the petitioners to raise all the grounds at an

                    appropriate stage in the trial.

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is disposed of

                    as withdrawn with the aforesaid liberty to the petitioners.

                                 5. It is clarified that this Court has not expressed any

                    opinion on the merits of the case.



                                               (Praveen Kumar, J)
Jyoti/-
U       T


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