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Patna High Court

Kirpa Shankar Thakur @ Kripa Shankar Thakur @ Kripa Shanker ThakurversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court granted permission to withdraw and dismissed the application as withdrawn.

Summary

The petitioner, Kirpa Shankar Thakur, filed a criminal miscellaneous application before the Patna High Court arising from a 2017 complaint case. He later moved the court seeking permission to withdraw that application. The learned counsel for the petitioner appeared before Justice Praveen Kumar to make the withdrawal request. The court examined whether a party may be allowed to withdraw a pending application and found that such permission can be granted at the court’s discretion. Accordingly, the court granted the petitioner's request and dismissed the application as withdrawn.

Issues considered

  • Whether the petitioner may be permitted to withdraw the pending criminal miscellaneous application

Subjects

  • withdrawal of application
  • procedural law
  • criminal miscellaneous proceedings
  • high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.20619 of 2025
                   Arising Out of PS. Case No.-2700 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE
                                                    District- Muzaffarpur
                   ======================================================
                   Kirpa Shankar Thakur @ Kripa Shankar Thakur @ Kripa Shanker Thakur S/o
                   Phuldeo Thakur R/o Village and Post- Majhauli Pachdahi, PS- Sakra, District-
                   Muzaffarpur

                                                                               ... ... Petitioner/s
                                                      Versus
              1.   The State of Bihar
              2.   Juli Kumari D/o Keshav Kumar, W/o Kirpa Shankar Thakur R/o Mohalla -
                   Kanhauli, Rajput Tola, Saket Nagar, Post- R.K. Ashram Bela, P.S.-
                   Mithanpura, Distt.- Muzaffapur

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :     Mr. Abhay Kumar, Advocate
                   For the Opposite Party/s :     Dr. Mrityunjaya Kr. Gautam, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

4     11-03-2026                  Heard learned counsel for the petitioner and learned

                     APP for the State.

                                  2. Learned counsel for the petitioner seeks permission

                     to withdraw the present application.

                                  3. Permission is accorded.

                                  4. Accordingly, the present application is dismissed as

                     withdrawn.



                                                (Praveen Kumar, J)
Jyoti/-

U         T


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