Patna High Court

RAJESH SINGHversusThe State of Bihar

Decided: 30 March 2026
Disposal: DISPOSED
Bench: ANSUL

Holding

The application is disposed of as withdrawn, but the petitioner may raise the non‑compliance of Section 207 CrPC at trial if he proves it.

Summary

The petitioner, Rajesh Singh, filed an application alleging that the trial court failed to comply with the provisions of Section 207 of the Criminal Procedure Code. The trial court took a different view on the alleged non‑compliance. The petitioner’s counsel sought permission to withdraw the application while reserving the right to raise the Section 207 issue during the trial. The High Court granted the request, disposing of the application as withdrawn and granting liberty to raise the issue later. The court clarified that the petitioner may rely on the alleged non‑compliance of Section 207 at trial, provided he can prove it.

Issues considered

Whether the petitioner can withdraw the application and still raise the issue of non‑compliance of Section 207 CrPC during the trial

Legislation cited

Code of Criminal Procedure, 1973 — s. 207

Subjects

Section 207
CrPC
withdrawal of application
procedural law
criminal trial
evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71597 of 2022
                   Arising Out of PS. Case No.-235 Year-2016 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 RAJESH SINGH Son of Late Kishori Singh Resident of Village- Lodia
                 Bhagalpur, P.S. and District- Lakhisarai

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kamal Kishore Dhiraj Son of Shiv Balak Singh Resident of Village- Lodia,
                 P.S. and District- Lakhisarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar
                 For the Opposite Party/s :       Mr.Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   30-03-2026                    Heard learned counsel for the petitioner and learned

                   counsel appearing for opposite party No. 2.

                                2. Though learned counsel for the petitioner has raised

                   his substantive issue of non-compliance of the provisions of

                   Section-207 of the Cr.P.C. but the learned Trial Court has a

                   different stand on the same.

                                3. After some argument, learned counsel for the

                   petitioner seeks permission to withdraw this application with

                   liberty to raise the issue of non-compliance of the provisions of

                   Section-207 of the Cr.P.C. in course of trial.

                                4. Permission is accorded and accordingly, this

                   application stands disposed of as withdrawn with the aforesaid
            Patna High Court CR. MISC. No.71597 of 2022(2) dt.30-03-2026
                                                        2/2




                      liberty to the petitioner.

                                   5. The petitioner may take the benefit of non-

                      compliance of the provisions of Section-207 of the Cr.P.C. at the

                      time of trial, if he proves the same.



                                                       (Ansul, J)
A.K.V.//-

U      T

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