Petitioner sought leave to withdraw a criminal miscellaneous application under Section 482 CrPC to raise arguments afresh before the lower court. The High Court granted leave and disposed of the present application without adjudication on merits.
Leave granted to withdraw the application to plead afresh before the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24483 of 2017
Arising Out of PS.Case No. -27 Year- 2014 Thana -BELSAND District- SITAMARHI
====================================================== Mukund Kumar @ Mukund Kumar Singh son of Ram Sahay Singh, Resident of Village- Manchi, P.S. Belsand, District- Sitamarhi.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate : Mr. Lakshmi Kant Sharma, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 21-02-2018 Heard Mr. Ramakant Sharma, learned Senior Advocate for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 30.03.2017 passed by the learned Sessions Judge, Sitamarhi in Sessions Trial No.570 of 2016 by which the petition filed under Section 227 of the Cr. P.C. for discharge of the petitioner along with others has been rejected.
After some arguments, learned Senior Advocate appearing for the petitioner seeks leave to withdraw the present application in order to raise all the points available to the
Patna High Court Cr.Misc. No.24483 of 2017 (2) dt.21-02-2018
2/2
petitioner at appropriate stage in the proceeding before the court
below.
Leave is granted.
The application is disposed of.
(Ashwani Kumar Singh, J)
Md.S./-
U T
2 issues framed by the court
Whether leave can be granted to withdraw a criminal miscellaneous application under Section 482 CrPC in order to file the same afresh at a later stage.
Whether a criminal miscellaneous application filed under Section 482 CrPC seeking quashing of an interim order should be disposed of immediately or left for further hearing.
1 provisions across 1 enactments
Mukund Kumar @ Mukund Kumar Singh
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
