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2023 Supreme(MP) 628
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Sunil – Appellant
Versus
Vaishali – Respondent
Miscellaneous Criminal Case No. 2668 of 2023
Decided On : 16-01-2023
Nipun Choudhary, Advocate
Final Result : Dismissed
The court has the discretion to allow withdrawal of an application with liberty to file a detailed application along with relevant record.
Headnote:
Section 482 - Criminal Procedure Code - Rejection of application for summoning witness - The court allowed the withdrawal of the application with liberty to file a detailed application along with relevant record, and subsequently dismissed the present application as withdrawn.
Fact of the Case:
The petitioner filed a petition under section 482 of the Cr.P.C against the order passed by the Family Court rejecting the application for summoning the respondent as a witness again.
Finding of the Court:
The court allowed the withdrawal of the present application with liberty to file a detailed application along with relevant record, and subsequently dismissed the present application as withdrawn.
Issues: Rejection of application for summoning witness
Ratio Decidendi: The court has the discretion to allow withdrawal of an application with liberty to file a detailed application along with relevant record.
Final Decision: The present application stands dismissed as withdrawn.
JUDGMENT
Vijay Kumar Shukla, J. - This is a petition filed under section 482 of the Cr.P.C against the order dated 3.1.2023 passed in M.J.C.R No.351/2018 passed by the Principal Judge, Family Court, Ratlam, whereby, the application filed by the applicant under section 311 of the Cr.P.C for summoning the respondent as a witness again has been rejected.
2. At this stage, learned counsel for the applicant prays for withdrawal of the present application with liberty to file detailed application along with relevant record.
3. Prayer is allowed.
4. With the aforesaid liberty, the present application stands dismissed as withdrawn.
