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Patna High Court

Shubhash Chandra JhaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the withdrawal of the application and dismissed it without expressing any view on the merits.

Summary

The petitioners, Shubhash Chandra Jha and Anupma Jha, filed an application before the Patna High Court in a criminal miscellaneous proceeding arising from a 2019 Begusarai case. During the pendency of the application, the trial court framed charges against the petitioners. The petitioners sought permission to withdraw their application, stating that they would raise all points and grounds at the appropriate stage of the trial. The learned counsel for the State opposed the withdrawal. Justice Praveen Kumar allowed the petitioners' request, dismissed the application, and clarified that the court did not express any opinion on the merits of the case. The application was therefore withdrawn with liberty to raise matters later in the trial.

Issues considered

  • Whether a petitioner may withdraw a pending application after charges have been framed in a criminal case

Subjects

  • Criminal Procedure Code
  • withdrawal of application
  • charges framed
  • procedural law
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.76480 of 2025
                   Arising Out of PS. Case No.-536 Year-2019 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
           1.     Shubhash Chandra Jha S/o Mahendra Narayan Jha R/o Village - Rashidpur,
                  P.S - Madhubani, District - Madhubani, At Present R/o - G.A 14 upper
                  Ground Floor, Gopal Nagar, P.S - Aadarsh Nagar, Azadpur, District - Delhi -
                  33
           2.    Anupma Jha W/o Shubhash Chandra Jha R/o Village - Rashidpur, P.S -
                 Madhubani, District - Madhubani, At Present R/o - G.A 14 upper Ground
                 Floor, Gopal Nagar, P.S - Aadarsh Nagar, Azadpur, District - Delhi - 33

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Ashok Kumar S/o Shivshankar Prasad Mehta R/o Mohalla - Pokhariya,
                 Ward No. 37, P.S - Nagar, District - Begusarai,

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Bimal Kumar Jha, Adv
                 For the Opposite Party/s :     Mr.Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   07-04-2026                    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
             Patna High Court CR. MISC. No.76480 of 2025(2) dt.07-04-2026
                                                         2/2




                       withdrawn with the liberty aforesaid.

                                    5. It is made clear that this Court has not expressed

                       my opinion on the merits of this case.



                                                  (Praveen Kumar, J)
niku/-

U        T


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