Patna High Court
Brajesh Chaudhary @ Pintu Chouhan @ Brajesh ChouhanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRAVEEN KUMAR
Holding
The Court granted permission to withdraw the application and dismissed it as withdrawn.
Summary
The petitioners, Brajesh Chaudhary and Naintara Devi, filed an application before the Patna High Court seeking to raise all points available to them and the grounds pleaded in the application at the appropriate stage of the trial, as charges had been framed. The petitioner’s counsel requested permission to withdraw the application, arguing that the trial was now proceeding on the merits. The Court considered whether it could grant such permission to withdraw an application pending before it. Justice Praveen Kumar allowed the petitioner's request, permitting the withdrawal of the application. Consequently, the application was dismissed as withdrawn, with the Court expressly stating that it made no comment on the merits of the underlying criminal case.
Issues considered
- Whether the Court may grant permission to withdraw an application pending before it.
Subjects
- withdrawal of application
- criminal procedure
- high court order
- permission to withdraw
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76270 of 2024
Arising Out of PS. Case No.-309 Year-2021 Thana- ITARHI District- Buxar
======================================================
1. Brajesh Chaudhary @ Pintu Chouhan @ Brajesh Chouhan S/O Chote Lal
Chouhan Resident of Village-Bhelpur, P.S- Itadhi, Distt.- Buxar.
2. Naintara Devi W/O Chote Lal Chouhan Resident of Village-Bhelpur, P.S-
Itadhi, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmendra Kumar Singh, Adv
For the Opposite Party/s : Mr.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-04-2026 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 this application as during the
pendency of this case charges came to be framed and further
prays to raise all the points available to him and also the
grounds pleaded in this application at the appropriate stage of
the trial.
3. Prayer is allowed.
4. Accordingly, this application is dismissed as
withdrawn with the liberty aforesaid.
5. It is made clear that this Court has not expressed
Patna High Court CR. MISC. No.76270 of 2024(2) dt.23-04-2026
2/2
my opinion on the merits of this case.
(Praveen Kumar, J)
niku/-
U T
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