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Patna High Court

Mithlesh KumarversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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