Patna High Court
Kamar Nigar @ SwitiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The application is dismissed as withdrawn, with liberty granted to the petitioners to raise all grounds at an appropriate stage of the trial.
Summary
The petitioners, Kamar Nigar and Syed Fahim Ur Rahman, were charged in a criminal miscellaneous case (No.8337 of 2024) arising from a 2022 police case. They filed an application seeking permission to withdraw that application and to be allowed to raise all grounds at a later stage of the trial. The learned counsel for the petitioners argued that the charges had already been framed and therefore the withdrawal should be permitted. The Hon'ble Justice Praveen Kumar granted the permission, dismissing the present application as withdrawn while expressly stating that the court has not expressed any opinion on the merits. The petitioners were given liberty to raise their defenses at an appropriate stage in the trial.
Issues considered
- What is the appropriate procedure for granting permission to withdraw an application in a criminal trial?
- Whether the court can dismiss the application as withdrawn while reserving the right of the petitioners to raise grounds later?
Subjects
- Criminal Procedure Code
- withdrawal of application
- procedural order
- trial rights
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8337 of 2024
Arising Out of PS. Case No.-31 Year-2022 Thana- MAHILA P.S. District- Bhagalpur
======================================================
1. Kamar Nigar @ Switi W/o Syed Fahim Ur Rahman @ Ladale R/o vill -
Barahpura, P.S. - Ishakchak, Distt. - Bhagalpur
2. Syed Fahim Ur Rahman @ Ladale Son of Late Nasimuddin R/o vill -
Barahpura, P.S. - Ishakchak, Distt. - Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Afrin Bano W/o Syed Imran Kadir, D/o Md. Niyaz Ahmad R/o vill -
Barahpura, P.s. - Ishakchak, Distt. - Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Pandey, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 16-03-2026 Heard the parties.
2. At the very outset, the learned counsel for
petitioners submits that the charges have been framed in this
case against the petitioners and therefore he seeks permission to
withdraw this application with liberty to the petitioners to raise
all the grounds at an appropriate stage in the trial.
3. Permission is accorded.
4. Accordingly, the present application is dismissed as
withdrawn with the aforesaid liberty to the petitioners.
5. It is clarified that this Court has not expressed any
Patna High Court CR. MISC. No.8337 of 2024(2) dt.16-03-2026
2/2
opinion on the merits of the case.
(Praveen Kumar, J)
Jyoti/-
U T
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