The Chhattisgarh High Court reaffirms existing procedural law, confirming that an appellant may withdraw an appeal with the court’s permission when no objection is raised by the State. The judgment upholds current precedent, with practical precedential value limited to similar procedural circumstances.
Summary
| Category | Data |
|---|---|
| Case Name | CRA/2168/2025 of KAANHU ALIAS KANAHIYA DAS MAHANT Vs STATE OF CHHATTISGARH |
| CNR | CGHC010423432025 |
| Date of Registration | 16-10-2025 |
| Decision Date | 03-11-2025 |
| Disposal Nature | WITHDRAWN |
| Judgment Author | HON’BLE THE CHIEF JUSTICE |
| Concurring or Dissenting Judges | HON’BLE SHRI JUSTICE BIBHU DATTA GURU (Concurring) |
| Court | High Court of Chhattisgarh |
| Bench | Division Bench: HON’BLE THE CHIEF JUSTICE, HON’BLE SHRI JUSTICE BIBHU DATTA GURU |
| Precedent Value | Procedural; confirms existing practice |
| Overrules / Affirms | Affirms existing legal procedure |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether an appellant can withdraw a criminal appeal with leave of court |
| Ratio Decidendi |
The appellant is permitted to withdraw the appeal against the impugned order because a subsequent appeal (CRA No. 2257 of 2025) has been filed. The State raised no objection to the withdrawal. The Division Bench granted permission and dismissed the present appeal as withdrawn, following routine practice without substantive adjudication. The judgment applies strictly to procedural withdrawal and does not opine on the merits. |
| Facts as Summarised by the Court | The appellant sought to withdraw his appeal as a fresh appeal against the same order had been filed. The State did not object, and the court granted permission to withdraw. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | Chhattisgarh High Court and subordinate courts for similar procedural circumstances |
| Persuasive For | Other High Courts in procedural withdrawal scenarios |
| Follows | Follows established procedural practice |
What’s New / What Lawyers Should Note
- Confirms that a criminal appeal may be withdrawn with the court’s permission when no objection is raised by the State.
- Affirms that withdrawal upon filing a subsequent appeal is routine and non-controversial.
- Provides a procedural precedent for lawyers withdrawing appeals on administrative or technical grounds.
Summary of Legal Reasoning
- The appellant’s counsel requested withdrawal, noting another appeal against the same order had been filed.
- The State’s counsel expressly stated there was no objection.
- The Division Bench recorded submissions and granted permission, treating the matter as routine without evaluating merits.
- The judgment reiterates that appeals can be withdrawn with court leave and no opposition, consistent with procedural law.
Arguments by the Parties
Petitioner (Appellant):
- Sought permission to withdraw the present appeal as another appeal against the impugned order had already been initiated.
Respondent (State):
- No objection to the withdrawal of the appeal.
Factual Background
The appellant had filed a criminal appeal challenging a specific order. Subsequently, another appeal concerning the same impugned order was filed. The appellant, through counsel, sought permission to withdraw the initial appeal. The State did not object, and the court allowed the withdrawal accordingly.
Statutory Analysis
- The judgment applies the general principles and procedural provisions regarding withdrawal of appeals in criminal cases, requiring leave of the court and absence of objection from the State.
- No detailed statutory interpretation is undertaken.
Dissenting / Concurring Opinion Summary
HON’BLE SHRI JUSTICE BIBHU DATTA GURU concurred with the decision to allow withdrawal, with no separate reasoning recorded.
Procedural Innovations
No new procedural precedents or innovations were introduced; the decision follows established procedure for withdrawal of appeals.
Alert Indicators
- Precedent Followed – Confirms and applies existing procedural practice for withdrawal of criminal appeals.