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Patna High Court

Obaish AhamadversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court allowed the withdrawal of the application and dismissed it without addressing the merits.

Summary

The petitioners, members of the family of Obaish Ahamad, filed a criminal miscellaneous application against the State of Bihar and Md. Yusuf. The petitioners, through counsel Mr. Arun Kumar Pandey, sought permission to withdraw the application. The court, after hearing the parties, granted the request for withdrawal. Consequently, the application was dismissed as withdrawn, and the court expressly clarified that it did not express any opinion on the merits of the case. No substantive issues were adjudicated.

Issues considered

  • Whether the court may permit the withdrawal of the pending application and dismiss it as withdrawn

Subjects

  • withdrawal of application
  • procedural dismissal
  • criminal miscellaneous
  • patna high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13710 of 2024
                  Arising Out of PS. Case No.-398 Year-2023 Thana- SIKARPUR District- West Champaran
                 ======================================================
           1.     Obaish Ahamad Son of Late Bakrid Miyan Resident of Village - Satwariya,
                  Police Station - Sathi, District - West Champaran.
           2.    Mohammad Hussain @ Aurangjeb @ Md. Hussain Son of Obaish Ahamad
                 Resident of Village - Satwariya, Police Station - Sathi, District - West
                 Champaran.
           3.    Md. Habibun Nesha @ Nesha Mahbuban Khatoon Wife of Obaish Ahamad
                 Resident of Village - Satwariya, Police Station - Sathi, District - West
                 Champaran.
           4.    Kushabanu Nesha @ Khushbu Khatoon @ Khushuban Nesha Daughter of
                 Obaish Ahamad Resident of Village - Satwariya, Police Station - Sathi,
                 District - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Md. Yusuf Son of Dil Mohammad Resident of Village - Katahari, Police
                 Station- Shikarpur, District - West Champaran.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-03-2026                    Heard the parties.

                                2. At the very outset, Mr. Arun Kumar Pandey learned

                   counsel for petitioners seeks permission to withdraw this

                   application.

                                3. Permission is accorded.

                                4. Accordingly, the present application is dismissed as

                   withdrawn.
              Patna High Court CR. MISC. No.13710 of 2024(2) dt.17-03-2026
                                                          2/2




                                     5. It is clarified that this Court has not expressed any

                        opinion on the merits of the case.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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