Patna High Court
Krishna YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The application is disposed of as withdrawn with liberty to raise points at charge framing.
Summary
Krishna Yadav and Dulari Devi filed a petition before the Patna High Court seeking to withdraw the criminal proceedings initiated against them under PS Case No. 358 of 2022. They also requested liberty to raise all points they intended to make at the time of charge framing. The State of Bihar opposed the petition. The learned counsel for the petitioners argued for withdrawal and the liberty sought, and the court considered the application. Justice Praveen Kumar granted permission for withdrawal and allowed the petitioners to raise their points at charge framing. Consequently, the application was disposed of as withdrawn with the liberty as prayed for.
Issues considered
- Whether a criminal case can be withdrawn at the petitioner's request under the procedural law
- Whether the court can grant liberty to raise points at the time of charge framing
Subjects
- withdrawal of criminal case
- charge framing
- procedural law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5926 of 2024
Arising Out of PS. Case No.-358 Year-2022 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
1. Krishna Yadav SON OF Mahadeo Yadav RESIDENT OF VILLAGE-
PUNAWA @ PUNAWAR, PS- RISIYAP, DISTT- AURANGABAD
2. DULARI DEVI WIFE OF KRISHNA YADAV RESIDENT OF VILLAGE-
PUNAWA @ PUNAWAR, PS- RISIYAP, DISTT- AURANGABAD
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Learned counsel for the petitioners, after some
arguments, prays for withdrawal of this case and further prays
for grant of liberty to raise all the points raised in this petition
and other grounds also at the time of framing of charge.
3. Permission is accorded.
4. Accordingly, this application stands disposed as
withdrawn with the liberty as aforesaid.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…