Patna High Court
GOVIND SINGHversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The court may permit withdrawal of an application and dismiss it without expressing any view on the merits.
Summary
The petitioners Govind Singh and Sarita Devi filed an application in the Criminal Miscellaneous proceeding arising from PS case No.179 of 2020. They sought permission to withdraw the application while retaining the liberty to raise all grounds at a later stage in the trial. The learned counsel for the petitioners requested this liberty and the court considered whether such withdrawal could be permitted. The court granted the request, allowing the application to be withdrawn and clarified that it was not expressing any opinion on the merits of the underlying case. Consequently, the application was dismissed as withdrawn, with liberty to raise grounds later.
Issues considered
- Whether the court may permit the withdrawal of an application with liberty to raise all grounds at a later stage in the trial.
Subjects
- withdrawal of application
- procedural law
- criminal miscellaneous
- liberty to raise grounds
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8586 of 2024
Arising Out of PS. Case No.-179 Year-2020 Thana- LADANIA District- Madhubani
======================================================
1. Govind Singh Son of Lakhan Singh R/O-Navtoli Gajhara, P.S.-LADANIA,
Distt.-MADHUBANI, Bihar
2. Sarita Devi Wife of Govind Singh R/O-Navtoli Gajhara, P.S.-LADANIA,
Distt.-MADHUBANI, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shiv Nath Singh Son of Ravi Singh R/O-Navtoli Gajhara, P.S.-ladania,
Distt.-madhubani, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Bharti, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, 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 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withdrawn with the aforesaid liberty to the petitioners.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
opinion on the merits of the case.
(Praveen Kumar, J)
Jyoti/-
U T
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