The High Court of Jharkhand permitted withdrawal of the criminal revision petition, granting the petitioner liberty to raise all grounds during the trial. The order neither sets new precedent nor modifies existing law; it holds no binding value beyond the parties involved.
Summary
| Category | Data |
|---|---|
| Case Name | Cr.Rev./382/2024 of DEEPAK KUMAR JHA Vs THE STATE OF JHARKHAND |
| CNR | JHHC010107682024 |
| Date of Registration | 08-04-2024 |
| Decision Date | 10-09-2025 |
| Disposal Nature | Dismissed as Withdrawn |
| Judgment Author | Hon’ble Mr. Justice Sanjay Kumar Dwivedi |
| Court | High Court of Jharkhand |
| Precedent Value | Not binding; limited to the specific proceedings dismissed as withdrawn |
| Questions of Law | Whether the petitioner may withdraw a criminal revision petition with liberty to raise all grounds before the trial court |
| Ratio Decidendi |
|
| Facts as Summarised by the Court |
The petitioner challenged an order dated 21.02.2024 in Mohanpur PS Case No.245/2016 (GR No.1020/2016) before the Additional Chief Judicial Magistrate, Deoghar. During arguments, the petitioner sought permission to withdraw the petition, with a request for liberty to raise all legal grounds during the ongoing trial. The State had no objection. The petition was dismissed as withdrawn with such liberty. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | No binding effect; order is procedural and specific to this case only |
| Persuasive For | Not cited as legal precedent; holds negligible persuasive value |
What’s New / What Lawyers Should Note
- The High Court allows withdrawal of criminal revision petitions on request, granting liberty to raise all grounds at trial, provided the State does not object.
- No ruling on substantive or procedural law was made; lawyers should not cite this order as precedent.
- Lawyers should note the importance of obtaining liberty to raise all grounds again when withdrawing revision petitions at an interlocutory stage.
Summary of Legal Reasoning
- The petitioner, through counsel, requested the Court for permission to withdraw the revision petition, with liberty to raise all grounds in the trial.
- The State, upon appearing, raised no objection to this request.
- The Court granted the permission, dismissed the revision petition as withdrawn, and specifically recorded the liberty for the petitioner to raise all grounds before the trial court for early disposal.
- No merits of the petition or underlying order were discussed or determined.
- The order is administrative in nature and does not decide any legal question.
Arguments by the Parties
Petitioner:
- Sought permission to withdraw the revision petition.
- Requested liberty to raise all grounds before the trial court.
Respondent (State):
- Stated no objection to withdrawal and the relief sought.
Factual Background
The petitioner challenged an order dated 21.02.2024 issued by the Additional Chief Judicial Magistrate, Deoghar, in connection with Mohanpur PS Case No.245/2016 (GR No.1020 of 2016). During the hearing of the criminal revision petition before the High Court, counsel for the petitioner sought to withdraw the petition, requesting explicit liberty to present all legal grounds before the trial court for expeditious trial. The State did not object to this request.
Statutory Analysis
The judgment does not discuss or interpret any statutory provisions. No statutory analysis was undertaken as the petition was withdrawn at the request of the petitioner.
Procedural Innovations
No new procedural guidelines or innovations were introduced by the Court in this order.
Alert Indicators
- ✔ Precedent Followed – Order records standard practice of permitting withdrawal without prejudice; no change to existing law.