Patna High Court
HANSLAL KUMAR @ HANSLAL PRASADversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that a petitioner may withdraw an application and still retain the liberty to challenge any adverse order later.
Summary
The petitioners, four individuals from Bahapar village, filed an application before the Patna High Court against the State of Bihar and Jay Mala Devi. The petitioners sought to withdraw the application so that they could present their arguments at the appropriate stage of charge framing, provided charges had not yet been framed. The court considered whether the withdrawal could be permitted. It granted permission, emphasizing that the petitioners would retain the liberty to challenge any adverse order in the appropriate forum. Consequently, the application was disposed of as withdrawn.
Issues considered
- Whether a petitioner may withdraw an application pending before the court and retain the right to challenge any subsequent adverse order
Subjects
- withdrawal of application
- criminal procedure
- right to challenge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62513 of 2023
Arising Out of PS. Case No.-33 Year-2021 Thana- KARAI PARSURAI District- Nalanda
======================================================
1. Hanslal Kumar @ Hanslal Prasad Son Of Late Ramashish Prasad Resident
Of Village- Bahapar, Ps- Karay Parsuray, Distt- Nalanda
2. Upendra Prasad @ Upendra Kumar Son Of Late Ramashish Prasad Resident
Of Village- Bahapar, Ps- Karay Parsuray, Distt- Nalanda
3. Pawan Kumar Son Of Late Ram Sauarath Prasad Resident Of Village-
Bahapar, Ps- Karay Parsuray, Distt- Nalanda
4. Rakesh Kumar Son Of Akhilesh Prasad Resident Of Village- Bahapar, Ps-
Karay Parsuray, Distt- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jay Mala Devi Wife Of Alendar Prasad Resident Of Village- Bahapar, Ps-
Karay Parsuray, Distt- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Jha, Adv.
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 05-02-2026 After some arguments, learned counsel for the
petitioner prays for withdrawal of present application in order to
advance his arguments at the appropriate stage of framing of
charge, if the same has already not been framed as yet.
2. Permission is accorded.
3. It goes without saying that in case of any adverse
order being passed against the petitioner, he would always have
Patna High Court CR. MISC. No.62513 of 2023(2) dt.05-02-2026
2/2
the liberty to challenge such order before the appropriate forum.
4. In such view of the matter, the present application
is disposed of as withdrawn with the liberty aforesaid.
(Soni Shrivastava, J)
Harsh/-
U T
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