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Patna High Court

Sabiha Bano @ BabiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court allowed the petitioners to withdraw the application and dismissed it without expressing any opinion on the merits.

Summary

The petitioners, Sabiha Bano and Syed Qadir Karim, filed an application seeking permission to withdraw their criminal miscellaneous application while reserving the right to raise all grounds later in the trial. The learned counsel argued that charges had already been framed against them, making a withdrawal appropriate. The Hon'ble Justice Praveen Kumar considered the request and granted the petitioners liberty to withdraw the present application. Consequently, the court dismissed the application as withdrawn, expressly stating that no opinion on the merits was expressed. The order is purely procedural, leaving the substantive criminal proceedings untouched.

Issues considered

  • Whether the court may permit the petitioners to withdraw their application while preserving the right to raise defenses at a later stage in the trial

Subjects

  • criminal procedure
  • withdrawal of application
  • procedural order
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8506 of 2024
                     Arising Out of PS. Case No.-31 Year-2022 Thana- MAHILA P.S. District- Bhagalpur
                 ======================================================
           1.     Sabiha Bano @ Babi W/o Syed Qadir Karim R/o vill - Barahpura, P.S. -
                  Ishakchak, Distt. - Bhagalpur
           2.    Syed Qadir Karim Son of Late Syed Md. Narin 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 Kumar 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.8506 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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