Affirming the discretion to dismiss a Section 482 CrPC petition as withdrawn while granting leave to rely on Satender Kumar Antil v. CBI (2022) 10 SCC 51 before the trial court.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| Disposal Nature | Dismissed as Withdrawn |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 The High Court granted permission, dismissed the petition as withdrawn, and expressly allowed the petitioner to approach the learned trial court on the strength of the Supreme Court judgment.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