Patna High Court
Md Moin @ Md NaimversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petitioner to withdraw the application, dismissing it as withdrawn.
Summary
The petitioner, Md Moin, filed an application seeking permission to withdraw it after charges were framed, requesting to raise all points later in the trial. The petitioner’s counsel asked the court to allow the withdrawal and to permit raising the grounds of the application at the appropriate stage of the trial. The court considered the request and granted permission to withdraw the application. Consequently, the application was dismissed as withdrawn, with liberty to raise the points later. The court expressly stated that it did not express any opinion on the merits of the underlying criminal case.
Issues considered
- Whether the petitioner may be permitted to withdraw the application after charges have been framed
Subjects
- withdrawal of application
- criminal procedure
- permission to withdraw
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62445 of 2025
Arising Out of PS. Case No.-186 Year-2024 Thana- AMDABAD District- Katihar
======================================================
Md Moin @ Md Naim Son of Abul Kasim R/o Ahilgaon, Ward no. 7, P.S. -
Jalalgarh, Dist.- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Y R/o Village - Z, SHO Amdabad Police Station, Katihar, in
connection with Amdabad P.S. case no. 186 by 2024, Dist. - Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Adv
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. At the very outset, learned counsel for the petitioner
seeks permission to withdraw this application as during the
pendency of this case charges came to be framed and further
prays to raise all the points available to him and also the
grounds pleaded in this application at the appropriate stage of
the trial.
3. Prayer is allowed.
4. Accordingly, this application is dismissed as
withdrawn with the liberty aforesaid.
5. It is made clear that this Court has not expressed
Patna High Court CR. MISC. No.62445 of 2025(2) dt.23-04-2026
2/2
my opinion on the merits of this case.
(Praveen Kumar, J)
niku/-
U T
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