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Patna High Court

Shravan Yadav @ Shravan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application is dismissed as withdrawn, with the petitioner retaining the liberty to raise the pleaded points in the main proceedings.

Summary

The petitioner, Shravan Yadav, filed an application before the Patna High Court seeking permission to withdraw the pending application while retaining the liberty to raise all points and grounds previously pleaded at the charge framing stage. The petitioner’s counsel requested that the court allow the withdrawal and preserve the right to raise those points later. The court considered the request and found no impediment to permitting the withdrawal. Consequently, the court granted the prayer and ordered the application to be dismissed as withdrawn. The judgment expressly states that the court has not expressed any opinion on the merits of the underlying criminal case.

Issues considered

  • Whether the court may permit the petitioner to withdraw the application while preserving the right to raise the pleaded grounds later

Subjects

  • withdrawal of application
  • procedural order
  • criminal miscellaneous
  • Patna High Court
  • petition

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.73382 of 2025
                      Arising Out of PS. Case No.-25 Year-2006 Thana- SHEIKHOPUR SARAI District-
                                                        Sheikhpura
                  ======================================================
                  Shravan Yadav @ Shravan Kumar S/o Brahmdeo Yadav R/o Village- Bhadeli,
                  P.O.- Jiyan Bigha, P.S. and District- Sheikhpura
                                                                          ... ... Petitioner/s
                                                       Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Gaurav Govind
                  For the Opposite Party/s :      Mr. Upendra Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    10-04-2026                     Heard learned counsel for the petitioner and learned

                    APP for the State.

                                    2. At the very outset, learned counsel for the

                    petitioners seeks permission to withdraw this application with

                    liberty to raise all the points available to him 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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