Patna High Court
Umesh Dahlan @ Umesh Prasad DahlanversusThe State Of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SHAILENDRA SINGH
Holding
Permission to withdraw the petition was granted, and the petition was dismissed as withdrawn.
Summary
The petitioner, Umesh Dahlan, filed a criminal miscellaneous petition in the Patna High Court seeking relief. After the trial court issued a status report indicating that the case had been disposed of with the petitioner’s acquittal, the petitioner moved the High Court for permission to withdraw his application. The learned counsel for the petitioner, Mr. Pramod Mishra, argued that there was no longer any need for the petition. The Court considered whether a petition can be withdrawn after the substantive case has concluded with an acquittal. Finding no impediment, the Court granted permission to withdraw the petition. Consequently, the criminal miscellaneous petition was dismissed as withdrawn.
Issues considered
- Can permission be granted to withdraw a criminal miscellaneous petition after the trial court has acquitted the petitioner?
Subjects
- criminal miscellaneous petition
- withdrawal of application
- acquittal
- high court order
- procedural permission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36780 of 2016
Arising Out of PS. Case No.-19 Year-2015 Thana- SAHARSA SADAR District- Saharsa
======================================================
Umesh Dahlan @ Umesh Prasad Dahlan, Son of Chandi Prasad Dahlan,
resident of Dahlan Chowk, P.S. + District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
8 27-01-2026 Mr. Pramod Mishra, learned counsel appearing for
the petitioner seeks permission to withdraw this application in
the light of the status report sent by the trial court with regard to
the case of the petitioner, which shows that the petitioner’s case
has been disposed of and that in acquittal of the petitioner.
2. Permission as sought above is granted.
3. In the result, the present criminal miscellaneous
petition stands dismissed as withdrawn.
4. Mr. Zainul Abedin, learned APP for the State is
present.
(Shailendra Singh, J)
annu/-
U T
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