Patna High Court
Mithlesh KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application as the petitioner withdrew it and the State raised no objection.
Summary
The petitioner, Mithlesh Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 17 June 2017 passed by the SDJM, Biharsharif, which had taken cognizance of offences under Sections 420, 493 and 120(B) of the Indian Penal Code. The petitioner later expressed a desire to withdraw the application, stating he no longer wished to pursue the case. The State, represented by an A.P.P., raised no objection to the petitioner's request. The Court considered the submissions and, noting the mutual consent to discontinue, disposed of the application. Consequently, the order of the SDJM remains undisturbed and the criminal proceedings continue as per the original cognizance.
Issues considered
- What is the appropriate disposition of a criminal miscellaneous application under Section 482 when the petitioner seeks to withdraw it and the State consents?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120(B), 420, 493
Subjects
- Criminal Procedure
- Section 482
- withdrawal of petition
- quash order
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38674 of 2017
Arising Out of PS. Case No.-24 Year-2017 Thana- MAHILA P.S. District- Nalanda
======================================================
Mithlesh Kumar Son of Shree Ram Das @ Ram Prit Das Resident of Village-
Utarnama P.S. Rahui District Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sangeeta Kumari Bharti D/o Shri Ganga Paswan Resident of
Village/Mohalla Baigana Bad Rampur P.S. Bihar, District Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 24-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
17.06.2017 passed by learned S.D.J.M., Biharsharif, Nalanda in
connection with G.R. No.478 of 2017 arising out of Bihar
Mahila P.S. Case No.24 of 2017 by which cognizance under
Sections 420, 493 & 120(B) of the I.P.C. has been taken against
the petitioner and others.
3. Learned counsel for the petitioner submits that he
does not want to press the present petition, accordingly, prays
that the present case may be disposed of.
Patna High Court CR. MISC. No.38674 of 2017(5) dt.24-03-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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