Patna High Court
Rajesh Kumar BarnwalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court granted permission to withdraw the application and allowed the petitioner liberty to file a criminal appeal under the said provision.
Summary
The petitioner, Rajesh Kumar Barnwal, filed an application seeking permission to withdraw the pending application and to be allowed to file a criminal appeal under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes Act. The State of Bihar opposed the request. The court examined whether the petitioner could be granted such liberty despite the objections raised. The learned counsel for the petitioner argued that withdrawal and filing of the appeal were necessary for the proper prosecution of the case. The court, after hearing both sides, granted the petitioner's request, allowing the withdrawal and giving liberty to file the appeal. Consequently, the application was disposed of as withdrawn and a certified copy of the impugned order was to be handed to the petitioner’s counsel.
Issues considered
- Whether the petitioner may be permitted to withdraw the present application and be given liberty to file a criminal appeal under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes Act despite objections.
Legislation cited
Subjects
- withdrawal of application
- criminal appeal
- Scheduled Castes and Scheduled Tribes Act
- procedural permission
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77061 of 2024
Arising Out of PS. Case No.-1445 Year-2019 Thana- COMPLAINT CASE District- Jamui
======================================================
Rajesh Kumar Barnwal
... ... Petitioner/s
Versus
The State of Bihar and Anr.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mrs. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The learned counsel for the petitioner seeks
permission to withdraw this application with liberty to file Cr.
Appeal (SJ) under the provisions of 14 (A) (1) of the Schedule
Castes and Schedule Tribes Act, in view of the office objections.
3. Permission is accorded.
4. Accordingly, the present application is disposed of
as withdrawn with the aforesaid liberty.
5. The certified copy of the impugned order be handed
to the learned counsel for the petitioner.
(Praveen Kumar, J)
Jyoti/-
U T
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