Md. Gulabuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15984 of 2016 Arising Out of PS. Case No.-4 Year-2015 Thana- KHAIRA District- Saran ====================================================== Md. Gulabuddin Son of Shalamuddin Resident of Village- Haldi-Chhapra, Police Station-Khaira, District- Saran at Chhapra. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Shabina Khatun Daughter of Liyakat Ali Anshari Village- Hakma, Police Station-Garkha, District-Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s:

Mr.J.Upadhyayapp ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor.

2. After some arguments, learned Senior counsel for the petitioner seeks and is granted permission to withdraw this application.

3. Accordingly, this application is dismissed as withdrawn with liberty to petitioner to raise all the grounds at the stage of framing of charge.

4. The court below will not be prejudiced by the fact that the present application against the order taking cognizance is permitted to be withdrawn and it will decide the case on its own merits and will pass an order in accordance with law in

Patna High Court CR. MISC. No.15984 of 2016(3) dt.13-09-2023 2/2 view of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar (2022) 9 SCC 577. (Sandeep Kumar, J) Sunnykr/- U T