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Patna High Court

RAJESH KUMARversusTHE STATE OF BIHAR

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn, and the Senior Superintendent of Police, Patna, is directed to take note of the petitioner’s documents and investigate further.

Summary

Petitioners Rajesh Kumar and Binita filed a criminal miscellaneous petition seeking withdrawal of the petition and requesting that the Senior Superintendent of Police, Patna, receive certain documents filed by them. The petitioners' counsel sought permission to withdraw while also making a prayer for the police to take note of the documents. The Hon'ble Justice Nawneet Kumar Pandey dismissed the petition as withdrawn. The court directed that any document produced by the petitioners be taken note of by the Senior Superintendent of Police, Patna, for further investigation. No substantive merits of the original petition were considered as the case was closed upon withdrawal.

Issues considered

  • Whether a criminal miscellaneous petition can be withdrawn at the stage of hearing
  • Whether the court can direct the Senior Superintendent of Police to receive and act upon documents filed by the petitioner

Subjects

  • criminal miscellaneous petition
  • withdrawal of petition
  • direction to police
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40563 of 2023
                    Arising Out of PS. Case No.-522 Year-2022 Thana- SHASTRINAGAR District- Patna
                 ======================================================
           1.     RAJESH KUMAR S/O LATE VEDANAND PODDAR RESIDENT OF
                  PLOT NO C- 255 /S-1, SUNDAY MARKET ROAD SHALIMAR
                  GARDEN EXTENSION -2 SHAHIBABAD PS SHAHIBABAD
                  GHAZIABAD UTTAR PRADESH
           2.    BINITA W/O RAJESH KUMAR RESIDENT OF PLOT NO C- 255 /S-1,
                 SUNDAY MARKET ROAD SHALIMAR GARDEN EXTENSION -2
                 SHAHIBABAD PS SHAHIBABAD GHAZIABAD UTTAR PRADESH


                                                                                  ... ... Petitioner/s
                                                      Versus
           1.    THE STATE OF BIHAR BIHAR
           2.    RANI KUMARI W/O BRAJESH KUMAR RESIDENT OF HOUSE NO.
                 165, CDA COLONY, NORTH SHASHTRI NAGAR, PS. SHASHTRI
                 NAGAR,DIST. PATNA


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Rakesh Kumar Sharma, Adv.
                 For the State           :       Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   25-02-2026                     After some arguments, learned counsel for the

                   petitioners seeks permission to withdraw this criminal

                   miscellaneous petition but at the same time, he makes prayer

                   that the Senior Superintendent of Police, Patna, be directed to

                   receive the documents filed by the petitioner.

                                 2. The present criminal miscellaneous petition is

                   dismissed as withdrawn, with the observation that whatever

                   document         is   produced     by     the    petitioner,     the     Senior
           Patna High Court CR. MISC. No.40563 of 2023(6) dt.25-02-2026
                                                       2/2




                     Superintendent of Police, Patna, shall take note of that

                     document and investigate further.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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