Patna High Court

Asma KhatoonversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court allowed the withdrawal of the application and disposed of it without expressing any opinion on the merits.

Summary

The petitioners, including Asma Khatoon and others, filed an application in the Patna High Court in a criminal miscellaneous case arising from a 2011 police case. They sought permission to withdraw that application so that they could raise all points and grounds at the time of framing of charge. Counsel for the petitioners requested the withdrawal, and counsel for the State was present. The bench, after hearing, allowed the prayer to withdraw. The court disposed of the application as withdrawn, expressly stating that it had not expressed any opinion on the merits. No substantive issues on the underlying criminal charges were addressed.

Issues considered

Whether the application for withdrawal of the petition can be allowed

Subjects

withdrawal of application
procedural law
criminal procedure
court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63201 of 2024
                      Arising Out of PS. Case No.-155 Year-2011 Thana- SULTANGANJ District- Patna
                 ======================================================
           1.     Asma Khatoon Widow of Late Md. Sagirudddin Resident of Mohalla- Khan
                  Mirza, PS- Sultanganj, Distt. - Patna
           2.    Shagufta Sabuhi W/o Shazad Tauhid, D/o Late Md. Sagiruddin R/o Sharjah
                 Colony, P.S. - Sultanganj, Distt- Patna
           3.    Shabnam Sabuhi W/o Syed Shahzad Alam, D/o Late Md. Sagiruddin R/o
                 Mohalla - Mishkar Toli, P.S - Alamganj, Distt.- Patna
                                                                       ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.     Khalda Khatoon Widow of Late Md. Rizwanuddin R/o Mohalla - Khan
                  Mirza, P.S. - Sultanganj, Distt.- Patna
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md.Abu Shajar
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   23-04-2026                  At the very outset, learned counsel for the petitioners

                   seeks permission to withdraw this application so as to raise all

                   the points available to him and also the grounds pleaded in this

                   application at the time of framing of charge.

                                2. Prayer is allowed.

                                3. This application is disposed of as withdrawn with

                   the liberty aforesaid.

                                4. It is made clear that this Court has not expressed

                   any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-
U      T

Continue reading with your account

Checking your session…