The petitioner sought withdrawal of a discharge application after charges were framed in the trial court. The High Court permitted the withdrawal and dismissed the application with liberty to raise all grounds during trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6300 of 2023
Arising Out of PS. Case No.-31 Year-2021 Thana- VIGILANCE District- Patna
======================================================
MANJU KUMARI Wife of Rabindra Kumar Singh R/V- Gosal Dih, P.SSuryapura, Dist- Rohtas at sasaram at that time posted as Child Development Project Officer, Tarari Block, Tarari, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar through the development of Vigilance, Patna Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Akhilesh Dutta Verma, Advocate For the Opposite Party/s : Mr. Arvind Kumar, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
11 04-07-2024 Heard the parties.
2 . This application has been filed against the order dated 21.10.2022 passed by Special Judge, Vigilance, Patna in Special Case No. 25 of 2021 by which the discharge application filed by the petitioner was dismissed by the court below.
3 . Learned counsel for the petitioner has very fairly submitted that the during pendency of this case charge has been framed and hence he seeks permission to withdraw this application as this application has become infructuous.
4 . Permission is accorded.
5 . Accordingly, this application is dismissed as
Patna High Court CR. MISC. No.6300 of 2023(11) dt.04-07-2024 2/2
withdrawn as having become infructuous with liberty to the petitioner to raise all the ground during trial.
(Sandeep Kumar, J)
Shishir/-
U
1 issue framed by the court
Whether the discharge application should be allowed to be withdrawn as it has become infructuous due to framing of charges.
Manju Kumari
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
