Patna High Court
Vivek Kumar @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the withdrawal of the application and disposed of it without addressing the merits.
Summary
Vivek Kumar (alias Golu Kumar) and Usha Devi filed a petition challenging an order taking cognizance in a criminal miscellaneous case. They later moved the High Court seeking permission to withdraw their application. The petitioners' counsel, Mr. Dharmveer, requested the court to allow the withdrawal. Justice Praveen Kumar permitted the withdrawal and disposed of the application as withdrawn. The court expressly clarified that it did not express any opinion on the merits of the underlying case.
Issues considered
- Whether the court may permit the withdrawal of an application challenging an order taking cognizance.
Subjects
- withdrawal of application
- criminal procedure
- order taking cognizance
- high court
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15606 of 2026
Arising Out of PS. Case No.-35 Year-2024 Thana- KANKARBAG District- Patna
======================================================
1. Vivek Kumar @ Golu Kumar S/o- Late Mukesh Kumar Resident of village-
Chiraiyatand Prithvipur Gali No- 11/2 PS-Kankarbagh Distt- Patna
2. Usha Devi W/o- Late Mukesh Kumar Resident of village-Chiraiyatand
Prithvipur Gali No- 11/2 PS-Kankarbagh Distt- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vijay Kumar S/o- Late Suresh Prasad Resident of village-Chiraiyatand
Prithvipur Gali No- 11/2 PS-Kankarbagh Distt- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer
For the Opposite Party/s : Mr. Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 02-04-2026 At the very outset, learned counsel for the petitioners
seeks permission to withdraw this application to challenge order
taking cognizance, if necessary.
2. Prayer is allowed.
3. This application is disposed of as withdrawn with
the liberty aforesaid.
4. It is made clear that this Court has not expressed
any opinion on the merits of this case.
(Praveen Kumar, J)
shivam/-
U T
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