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Patna High Court

Brajesh Chaudhary @ Pintu Chouhan @ Brajesh ChouhanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The Court granted permission to withdraw the application and dismissed it as withdrawn.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 Consequently, the application was dismissed as withdrawn, with the Court expressly stating that it made no comment on the merits of the underlying criminal case.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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