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Patna High Court

Dr. Dhiraj Sinha and AnrversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

Holding

The court held that it may permit the withdrawal of the criminal miscellaneous petition and dismissed it as withdrawn.

Summary

The petitioners, Dr. Dhiraj Sinha and Pankaj Kumar Sinha, filed Criminal Miscellaneous Petition No. 21876 of 2016 arising from a 2013 police case. They later approached the Patna High Court seeking the court’s permission to withdraw the petition. The sole question before the court was whether it could allow the withdrawal of a criminal miscellaneous petition that had already been filed. The court, exercising its inherent jurisdiction, found no impediment to the withdrawal and granted the petitioners’ request. Consequently, the petition was dismissed as withdrawn.

Issues considered

  • Whether a criminal miscellaneous petition may be withdrawn by the petitioner with the court’s permission

Subjects

  • withdrawal of criminal petition
  • criminal miscellaneous petition
  • court discretion
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21876 of 2016
                        Arising Out of PS. Case No.-121 Year-2013 Thana- RAMPUR District- Gaya
                 ======================================================
           1.     Dr. Dhiraj Sinha, S/o Sri Pankaj Kumar Sinha
           2.    Pankaj Kumar Sinha S/o late Ramchandra Prasad Sinha both resident of 192
                 A, Kanke, Road,PS- Gonda, District Ranchi (Jharkhand).

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    Smt. Anshu Sinha W/o Dr. Dhiraj Sinha/ D/o Dr.(captain ) Sunil Kumar
                 Sinha , A.P. Colony, Qr. No. 386, PS Rampur, District Gaya Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Chandra Mohan Singh, Advocate
                 For the State           :        Mr. Binod Kumar No.3, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

4   27-01-2026                     Mr. Chandra Mohan Singh, learned counsel for the

                   petitioners, seeks permission to withdraw the present criminal

                   miscellaneous petition.

                                 2. Permission as sought above is granted.
                                 3. In the result, the present criminal miscellaneous

                   petition stands dismissed as withdrawn.



                                             (Shailendra Singh, J)
maynaz/-

U     T


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