Patna High Court
RAJESH KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- WITHDRAWN
- Bench
- NAWNEET KUMAR PANDEY
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The petition is dismissed as withdrawn, and the Senior Superintendent of Police, Patna, is directed to take note of the petitioner’s documents and investigate further.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 The Hon'ble Justice Nawneet Kumar Pandey dismissed the petition as withdrawn.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- Whether a criminal miscellaneous petition can be withdrawn at the stage of hearing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
Checking your session…