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Patna High Court

Guddu Singh @ Amit Singh @ Amit Kumar @ Guddu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court allowed the withdrawal of the application and dismissed it, granting the petitioners liberty to raise points later.

Summary

The petitioners Guddu Singh and co‑accused filed an application seeking liberty to withdraw the present application and to raise all points at the time of framing of charge. The learned Senior Counsel for the petitioners requested permission for this withdrawal. The Court considered the request and, without expressing any view on the merits of the underlying criminal case, granted the petitioners’ request. Consequently, the application was dismissed as withdrawn. The Court also clarified that the petitioners retain the liberty to raise all points when the charge is framed.

Issues considered

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

Subjects

  • Criminal Procedure Code
  • withdrawal of application
  • framing of charge
  • liberty to raise points
  • court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.7094 of 2024
                         Arising Out of PS. Case No.-28 Year-2022 Thana- BARUN District- Aurangabad
                   ======================================================
                   Guddu Singh @ Amit Singh @ Amit Kumar @ Guddu Kumar Son of Late
                   Janeshwar Singh R/o VILLAGE PADARIYA PS BARUN DISTRICT
                   AURANGABAD                                     ... ... Petitioner/s
                                               Versus
              1.    The State of Bihar
              2.    Raj Kishore Singh @ Rajkeshwar Singh S/o Manik Singh R/o VILLAGE
                    PADARIYA PS BARUN DISTRICT AURANGABAD
                                                                   ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr. Krishna Pd. Singh, Senior Advocate
                                                     Mr. Saket Kumar Singh, Advocate
                   For the Opposite Party/s :        Mr. Bharat Bhushan, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     16-03-2026                      Heard the parties.

                                   2. At the very outset, the learned Senior 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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