Can a High Court permit withdrawal of a quashing petition with liberty to invoke a Supreme Court precedent in ongoing trial proceedings?

Affirming the discretion to dismiss a Section 482 CrPC petition as withdrawn while granting leave to rely on Satender Kumar Antil v. CBI (2022) 10 SCC 51 before the trial court.

 

Summary

Category Data
Case Name A.B.A. No. 4700 of 2025 of Vijay Sahu Vs State of Jharkhand
CNR JHHC010244622025
Decision Date 25-08-2025
Disposal Nature Dismissed as Withdrawn
Judgment Author Hon’ble Mr. Justice Sanjay Kumar Dwivedi
Court High Court of Jharkhand, Ranchi
Bench Single Judge
Judgments Relied Upon Satender Kumar Antil v. Central Bureau of Investigation & Anr., (2022) 10 SCC 51
Facts as Summarised by the Court The petition concerned Bashista Nagar P.S. Case No. 88 of 2021 pending in the Court of Judicial Magistrate First Class, Chatra.
Citation 2025 JHHC 25159

Arguments by the Parties

Petitioner

  • Sought permission to withdraw the Section 482 petition.
  • Requested liberty to move the trial court on the strength of the Supreme Court’s decision in Satender Kumar Antil (2022) 10 SCC 51.

State (Opposite Party)

  • Had no objection to the withdrawal and the grant of the requested liberty.

Factual Background

Vijay Sahu filed A.B.A. No. 4700 of 2025 under the inherent powers of the High Court challenging proceedings in Bashista Nagar P.S. Case No. 88 of 2021 before the Judicial Magistrate First Class at Chatra. After preliminary arguments, counsel for the petitioner sought to withdraw the petition and to be permitted to invoke Satender Kumar Antil v. CBI (2022) 10 SCC 51 before the trial court. The State did not oppose withdrawal. The High Court granted permission, dismissed the petition as withdrawn, and expressly allowed the petitioner to approach the learned trial court on the strength of the Supreme Court judgment.

Citations

  • 2025 JHHC 25159
  • Satender Kumar Antil v. Central Bureau of Investigation & Anr., (2022) 10 SCC 51

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