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Patna High Court

LAKSHMAN SINGHversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

Holding

Permission to withdraw the petition was granted, and the petition was dismissed as withdrawn.

Summary

Lakshman Singh filed a criminal miscellaneous petition in the Patna High Court. During the pendency of the case, the petitioner died. The petitioner’s counsel sought permission to withdraw the petition on account of the petitioner’s death. The court considered whether a petition can be withdrawn after the death of the petitioner. It granted permission to withdraw and ordered the petition to be dismissed as withdrawn.

Issues considered

  • Can a criminal miscellaneous petition be withdrawn after the death of the petitioner?

Subjects

  • criminal miscellaneous petition
  • withdrawal of petition
  • death of petitioner
  • procedural law
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10489 of 2017
                         Arising Out of PS. Case No.-15 Year-2011 Thana- SAHPUR District- Bhojpur
                  ======================================================
                  Lakshman Singh Son of Late Ram Janam Singh, R/o village + P.O.-Sarna,
                  P.S.-Shahpur, District-Bhojpur.

                                                                                    ... ... Petitioner/s
                                                         Versus
             1.   State of Bihar
             2.   Dhan Lal Yadav, S/o Sri Lalan Yadav, R/o village P.O.-Sarna, P.S.-Shahpur,
                  District-Bhojpur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Vijay Shankar Upadhyay, Adv.
                  For the Opposite Party/s :        Mr. Sanjay Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                        ORAL ORDER

3    30-01-2026                      It is submitted by petitioner’s counsel that the

                    petitioner has died and due to the said reason, he wants to

                    withdraw this criminal miscellaneous petition and in this regard,

                    permission is required.

                                 2. Permission for withdrawing this petition is granted

                    and the instant petition stands dismissed as withdrawn.




                                               (Shailendra Singh, J)
annu/-

U        T


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