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Patna High Court

Pramod Kumar Agarwal @ Pramod AgarwalversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court may, at its discretion, permit the withdrawal of a pending application.

Summary

The petitioner filed an application before the High Court after the trial court had passed a final judgment in the criminal miscellaneous case. The petitioner’s counsel sought the Court’s permission to withdraw the pending application, stating that the trial court’s judgment was already rendered. The Court exercised its discretion to allow the withdrawal of the application. Consequently, the Court granted permission to withdraw and dismissed the application as withdrawn. No substantive merits of the original case were addressed.

Issues considered

  • Whether the High Court can grant permission to withdraw a pending application after the trial court has passed a final judgment

Subjects

  • withdrawal of application
  • procedural discretion
  • criminal miscellaneous

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.36477 of 2025
                     Arising Out of PS. Case No.-73 Year-2002 Thana- PURNIA COMPLAINT CASE District-
                                                             Purnia
                    ======================================================
                    Pramod Kumar Agarwal @ Pramod Agarwal, son of Late Baldeo Das
                    Agarwal, Resident of Village - Gera Bari, PS - Korha, Distt. - Katihar.

                                                                                  ... ... Petitioner/s
                                                         Versus
               1.   The State of Bihar.
               2.   Lalit Kumar Agarwal, Son of Sriprakash Agarwal, Resident of village -
                    Khiru Bhatta Bazar, PS - K. Hat, Distt. - Purnea.

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr. Bimal Kumar, Adv.
                    For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                          ORAL ORDER

2    15-01-2026                    Mr. Bimal Kumar, 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.

                                   3. The present application stands dismissed as

                      withdrawn.



                                                 (Sourendra Pandey, J)
Praveen-II/-

U       T


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