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Patna High Court

Vidya Nandan SinhaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that the application may be withdrawn and therefore dismissed it as withdrawn.

Summary

Vidya Nandan Sinha filed a petition before the Patna High Court against the State of Bihar and Rashmi Kumari. The trial court had already passed a final judgment in the case. The petitioner’s counsel subsequently moved the High Court seeking permission to withdraw the pending application. The Court observed that since the substantive matter was finally decided, there was no necessity to entertain the application further. Accordingly, the Court granted permission to withdraw and dismissed the application as withdrawn.

Issues considered

  • Whether an application pending before the High Court can be withdrawn after the trial court has passed a final judgment

Subjects

  • withdrawal of application
  • final judgment
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.312 of 2025

                                 Arising Out of PS. Case No.- Year-0 Thana- District- Patna
                 ======================================================
                 Vidya Nandan Sinha, S/O Sri Raghu Nandan Prasad Sinha, Residing at
                 Nandan Niwas Bunglow, Moh.- Ramdhanpur, Bangla Asthan, P.S.- Gaya
                 Kotwali, Distt.- Gaya at present Flat No. A/204, Building No. 03, Bhagirathi
                 Co-Operative Housing Society Ltd., Tirupati Nagar, Distt.- Palghar,
                 Maharashtra.


                                                                                       ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar.
           2.    Rashmi Kumari, W/O Sri Vidya Nandan Sinha, D/O Suresh Prasad
                 Srivastava, Resident of C/O Sri Lalit Mohan Prasad, Advocate Meena
                 Nagar, Ashok Nagar, Road No. 1/B, Kankarbagh, P.O.- Lohia Nagar, P.S.-
                 Kankarbagh, Distt.- Patna.


                                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sunil Kumar Singh, Adv.
                 For the Opposite Party/s :         Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                    ORAL ORDER


2   15-01-2026                   Mr. Sunil Kumar Singh, the learned counsel for the

                   petitioner informs this Court that the final judgment in this case

                   has been passed by the learned Trial Court and as such, he seeks

                   permission to withdraw the present application.

                                 2. Permission is accorded.
            Patna High Court CR. MISC. No.312 of 2025(2) dt.15-01-2026
                                                        2/2




                                   3. The present application stands dismissed as

                      withdrawn.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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