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Patna High Court

SANJAY SINGH @ SANJAY KUMAR SINGHversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The application was dismissed as withdrawn upon the petitioners' request.

Summary

In a criminal miscellaneous proceeding (No.11759 of 2024) arising from a 2019 complaint, petitioners Sanjay Singh and Anirudh Singh filed an application before the Patna High Court. The petitioners later sought to withdraw the application, contending that the lapse of time had rendered it infructuous. The learned counsel for the petitioners prayed for the withdrawal, and the State’s counsel was present. Justice Praveen Kumar allowed the petitioners’ prayer and ordered the application to be dismissed as withdrawn. Consequently, the court dismissed the application without further adjudication on the merits.

Issues considered

  • Whether an application pending before the court can be withdrawn on the ground that it has become infructuous due to the passage of time

Subjects

  • withdrawal of application
  • procedural law
  • time bar
  • criminal miscellaneous proceedings
  • dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11759 of 2024
                  Arising Out of PS. Case No.-511 Year-2019 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     SANJAY SINGH @ SANJAY KUMAR SINGH S/O LATE JWALA SINGH
                  R/O BABHANDIH, P.S- RISHIYAP, DISTT.- AURANGABAD.
           2.    ANIRUDH SINGH @ ANIRUDH KUMAR SINGH S/O LATE JWALA
                 SINGH R/O BABHANDIH, P.S- RISHIYAP, DISTT.- AURANGABAD.
                                                                ... ... Petitioner/s
                                            Versus
           1.    THE STATE OF BIHAR
           2.     RUBI KUMARI W/O SANJAY SINGH @ SANJAY KUMAR SINGH, D/O
                  SHRI AWADHESH SINGH R/O BINDAUL, P.S- BIHTA, DISTT.- PATNA.
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Patanjali Rishi, Advocate
                 For the Opposite Party/s :      Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   16-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Learned counsel for the petitioners prays for

                   withdrawal of this application, as the same, by efflux of time,

                   has become infructuous.

                                3. Prayer of allowed.

                                4. Accordingly, this application is dismissed as

                   withdrawn.



                                              (Praveen Kumar, J)
shivam/-
U      T


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