Patna High Court
Md. JasimversusThe State Of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petitioners to withdraw the application, dismissing it as withdrawn without expressing any view on the merits.
Summary
The petitioners, a group of ten individuals, filed an application before the Patna High Court seeking permission to withdraw that application and to be allowed to raise all points, including those pleaded, at the time of framing of charge in a criminal miscellaneous case against the State of Bihar. The petitioners requested that the court permit them to withdraw the application and retain the liberty to raise all arguments later. The learned counsel for the State opposed the request. The Court, after hearing both sides, allowed the prayer of the petitioners. Consequently, the application was dismissed as withdrawn, and the Court expressly stated that it did not express any opinion on the merits of the underlying case.
Issues considered
- Whether the petitioners may be permitted to withdraw their application and retain the liberty to raise all points at the time of framing of charge
Subjects
- withdrawal of application
- procedural order
- framing of charge
- criminal miscellaneous
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64701 of 2024
Arising Out of PS. Case No.-13 Year-2021 Thana- JAMALPUR District- Darbhanga
======================================================
1. Md. Jasim Son of Md. Noor Mohamad Village- Ahisdih, P.S.- Bargaon,
District- Darbhanga
2. Md. Gulam Rasul Son of Md. Sanif Village- Ahisdih, P.S.- Bargaon,
District- Darbhanga
3. Hussain Ahmed Son of Mahmud Alam Village- Ahisdih, P.S.- Bargaon,
District- Darbhanga
4. Md. Nasir Son of Md. Abid Village- Ahisdih, P.S.- Bargaon, District-
Darbhanga
5. Md. Fulhasan Son of Md. Abid Village- Ahisdih, P.S.- Bargaon, District-
Darbhanga
6. Bibi Gulsan Khatoon Wife of Saukat Village- Ahisdih, P.S.- Bargaon,
District- Darbhanga
7. Md. Sakil Son of Md. Moslim Village- Ahisdih, P.S.- Bargaon, District-
Darbhanga
8. Md. Juber Son of Md. Sakur Village- Ahisdih, P.S.- Bargaon, District-
Darbhanga
9. Jitendra Nath Jha Son of Pratap Narayan Jha Village- Supaul Bazar,
Ramnagar, P.S.- Biraul, District- Darbhanga
10. Ganga Nath Jha Son of Dinanath Jha Village- Supaul Bazar, Ramnagar, P.S.-
Biraul, District- Darbhanga
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. At the very outset, learned counsel for the
petitioners seeks permission to withdraw this application with
Patna High Court CR. MISC. No.64701 of 2024(2) dt.03-04-2026
2/2
liberty to raise all the points available to them including the
grounds pleaded in this application at the time of framing of
charge.
3. Prayer is allowed.
4. Accordingly, this application is dismissed as
withdrawn.
5. It is made clear that this Court has not expressed
any opinion on the merits of this case.
(Praveen Kumar, J)
khushbu/-
U T
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