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Patna High Court

Manvendra Narayan Singh and AnrversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn after permission to withdraw is granted.

Summary

The petitioners, Manvendra Narayan Singh and others, filed a criminal miscellaneous petition challenging the disposal of their complaint case No. 901 of 2014. The trial court had disposed of the complaint under Section 239 of the Criminal Procedure Code. The petitioners, through counsel, sought permission to withdraw the petition in view of the disposal. The High Court considered whether the petition could be withdrawn after the trial court's order. The Court granted permission to withdraw and dismissed the petition as withdrawn.

Issues considered

  • Whether a criminal miscellaneous petition can be withdrawn after the trial court has disposed of the underlying complaint under Section 239 of the Cr.P.C.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 239
  • withdrawal of petition
  • complaint disposal
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34383 of 2016
                    Arising Out of PS. Case No.-901 Year-2014 Thana- BHOJPUR COMPLAINT CASE
                                                    District- Bhojpur
                 ======================================================
           1.     Manvendra Narayan Singh and Anr Son of Ram Layak Singh, Resident of
                  Mohalla- Bajaj Show Room Gali, Pakri, District- Bhojpur at Ara. At present
                  residing at Gandhi Nagar, House of Kumud Sinha, Police Station- Ara
                  Nawada, District- Bhojpur.
           2.    Pramod Kumar Dwevedi Son of Kanhaya Sharan Dubey, Resident o f
                 Mohalla- Ayodhyapuri, Club Road, Pakri, Police Station- Ara Nawada,
                 District- Bhojpur.
                                                                      ... ... Petitioner/s
                                               Versus
           1.    State Of Bihar
           2.     Jogendra Prasad Singh Son of Late Jag Jitan Singh, Resident of Janaki
                  Market, Maharaja Building Karman Tola, Police Station- Ara Nawada,
                  District- Bhojpur.
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.A.Shamsi, Adv.
                 For the Opposite Party/s :      Mr.Sri Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

8   02-02-2026                  The report sent by the trial court goes to show that the

                   petitioners’ case bearing Complaint Case No. 901 of 2014 has been

                   disposed of under the provisions of section 239 of the Cr.P.C.

                                2. In view of above, the learned counsel for the petitioners

                   seeks permission to withdraw this petition.

                                3. Permission as sought above is granted and the instant

                   petition stands dismissed as withdrawn.



                                              (Shailendra Singh, J)
BKS/-
U     T


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