Patna High Court
Rajesh Kumar @ RaushanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted the petitioner's request and dismissed the application as withdrawn.
Summary
Rajesh Kumar filed an application in Criminal Miscellaneous No.6900 of 2024 arising out of PS Case No.609 of 2022. He sought permission to withdraw the application so that he could raise all points at the time of framing of charge. The learned counsel for the petitioner made the request before the Hon'ble Mr. Justice Praveen Kumar. The Court granted permission to withdraw the application. It expressly clarified that it had not expressed any opinion on the merits of the case. Accordingly, the application was dismissed as withdrawn.
Issues considered
- Whether the petitioner may be permitted to withdraw the pending application without the Court expressing a view on the merits?
Subjects
- withdrawal of application
- procedural order
- criminal miscellaneous proceedings
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6900 of 2024
Arising Out of PS. Case No.-609 Year-2022 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Rajesh Kumar @ Raushan Son of Ajay Kumar Srivastava @ Ajay Kumar R/o
vill - Sekhpur, Akharaghat Road, P.S. - Ahiyapur, Distt. - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 10-03-2026 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 the present application, so as to
raise all the points at the time of framing of charge.
3. Permission is accorded.
4. It is made clear that this Court has not expressed
any opinion on the merits of this case.
5. Accordingly, this application is dismissed as
withdrawn.
(Praveen Kumar, J)
shivam/-
U T
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