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Patna High Court

UMENDAR BASFOR @ UPENDRA DOMversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application is disposed of as withdrawn.

Summary

Umendar Basfor filed an application in Criminal Miscellaneous No.1360 of 2022 before the Patna High Court, seeking relief against the State of Bihar and several respondents. After hearing, the petitioner requested to withdraw the application, stating that the impugned order of 12-04-2021 had merely remitted the matter back for fresh consideration. The court considered the petitioner's request to withdraw at this stage. It held that the application could be withdrawn and disposed of it accordingly. The petitioner was given liberty to raise his grievances at the appropriate stage when the matter is taken up for cognizance.

Issues considered

  • Whether the petitioner may withdraw the application after the order remitting the case for fresh consideration

Subjects

  • withdrawal of application
  • remand for fresh consideration
  • criminal miscellaneous proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1360 of 2022
                          Arising Out of PS. Case No.-23 Year-2013 Thana- SC/ST District- Siwan
                 ======================================================
                 Umendar Basfor @ Upendra Dom Son Of Late Baleshwar Basfor Resident Of
                 Village- Dhanauti, P.S.- Dhanauti O.P., District- Siwan

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar
           2.    Shri Kishun Yadav Son Of Munilal Yadav Resident Of Village- Dhanauti,
                 P.S.- Dhanauti O.P., District- Siwan
           3.    Abhay Yadav Son Of Shri Kishun Yadav Resident Of Village- Dhanauti,
                 P.S.- Dhanauti O.P., District- Siwan
           4.    Ajay Yadav Son Of Shri Kishun Yadav Resident Of Village- Dhanauti, P.S.-
                 Dhanauti O.P., District- Siwan
           5.    Nandji Yadav Son Of Mukhlal Yadav Resident Of Village- Dhanauti, P.S.-
                 Dhanauti O.P., District- Siwan
           6.    Nandlal Yadav Son Of Mukhlal Yadav Resident Of Village- Dhanauti, P.S.-
                 Dhanauti O.P., District- Siwan
           7.    Lperma Sah Son Of Late Sigasan Resident Of Village- Dhanauti, P.S.-
                 Dhanauti O.P., District- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dineshwar Prasad Singh, Adv.
                 For the Opposite Party/s :        Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   03-02-2026                      After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application in

                   order to seek appropriate legal remedy at the right stage, as by

                   the order impugned, the matter has only been remitted back for

                   fresh consideration.

                                2. In view of the aforesaid, the present application is

                   disposed of as withdrawn with liberty to the petitioner to
              Patna High Court CR. MISC. No.1360 of 2022(5) dt.03-02-2026
                                                          2/2




                        raise all his grievances before the Court concerned at the

                        appropriate stage of taking of cognizance, as by the order

                        impugned dated 12.04.2021 the matter has been remitted back

                        for fresh consideration.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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