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Patna High Court

Munmun Choubey @ Munmun Kumar @ Rajesh Kumar Choubey @ Munmun Kumar ChoubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court permitted the petitioner to withdraw the application and allowed him to raise all points at the time of framing of charge.

Summary

Munmun Choubey filed an application seeking liberty to withdraw the present application and to raise all points at the time of framing of charge. The petitioner’s counsel requested the court’s permission for such withdrawal. The court considered the request and, without expressing any view on the merits of the underlying case, granted the permission. Consequently, the application was dismissed as withdrawn, with liberty to the petitioner to raise his points during charge framing. No substantive merits of the case were addressed by the court.

Issues considered

  • Whether the petitioner may be permitted to withdraw the application and raise all points at the time of framing of charge

Subjects

  • Criminal Procedure Code
  • withdrawal of application
  • framing of charge
  • court discretion

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.552 of 2025
                         Arising Out of PS. Case No.-141 Year-2022 Thana- NATWAR District- Rohtas
                   ======================================================
                   Munmun Choubey @ Munmun Kumar @ Rajesh Kumar Choubey @
                   Munmun Kumar Choubey Son of Ram Tawakiya Choubey Resident of
                   Village- Natwar Khurd , PS -Natwar , Distt.- Rohtas
                                                                       ... ... Petitioner/s
                                                    Versus
              1.    The State of Bihar
              2.    Nandan Kumar Son of Lakshuman Prasad Resident of Village- Dhangain ,
                    PS- Bikramganj , Distt.- Rohtas At present Village- Natwar Kala, PS-
                    Natwar , Distt.- Rohtas
                                                                     ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Rajani Kant Singh, Advocate
                   For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     13-03-2026                    Heard the parties.

                                  2. At the very outset, the learned counsel for

                     petitioner seeks permission to withdraw this application with

                     liberty to the petitioner to raise all the points at the time of

                     framing of charge.

                                  3. Permission is accorded.

                                  4. Accordingly, the present application is dismissed as

                     withdrawn with the aforesaid liberty to the petitioner.

                                  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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