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Patna High Court

Manjit YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed as withdrawn, with liberty granted to the petitioner to raise all points at the time of framing of charge.

Summary

Manjit Yadav filed an application seeking liberty to withdraw the present application and to raise all points at the time of framing of charge in a criminal miscellaneous case. The petitioner’s counsel requested permission for withdrawal, arguing that the issues could be addressed later. The Court, after hearing the parties, granted the request, allowing the petitioner to withdraw the application. Consequently, the application was dismissed as withdrawn, with liberty to raise points during charge framing. The judgment explicitly states that the Court did not express any opinion on the merits of the underlying case.

Issues considered

  • Whether the petitioner may withdraw the application and be permitted to raise all points at the time of framing of charge

Subjects

  • criminal procedure
  • withdrawal of application
  • charge framing
  • procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6726 of 2024
                          Arising Out of PS. Case No.-137 Year-2021 Thana- SIMRI District- Buxar
                  ======================================================
                  Manjit Yadav S/o Namo Yadav R/o Vill - Keshopur, P.S. - Simari, Dist. -
                  Buxar
                                                                       ... ... Petitioner/s
                                                Versus
            1.     The State of Bihar
            2.     Ranjeet Yadav S/o Late Pokhraj Yadav R/o Vill - Keshopur, P.S. - Simari
                   (Hata O.P.), Dist. - Buxar
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Rajiv Ranjan Kumar Pandey, Advocate
                  For the Opposite Party/s :        Dr. Ajeet Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    16-03-2026                     Heard the parties.

                                 2. At the very outset, the learned counsel for

                    petitioner seeks permission to withdraw this application with

                    liberty to the petitioner to raise all the points at the time of

                    framing of charge.

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is dismissed as

                    withdrawn with the aforesaid liberty to the petitioner.

                                 5. It is clarified that this Court has not expressed any

                    opinion on the merits of the case.



                                               (Praveen Kumar, J)
Jyoti/-
U       T


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