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Patna High Court

Abhijit Kumar Singh and OrsversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

Holding

The court may grant permission to withdraw an application and dismiss it as withdrawn.

Summary

The petitioners, Abhijit Kumar Singh and others, filed an application before the Patna High Court. They later sought the court's permission to withdraw that application. The learned counsel for the petitioners requested the withdrawal, and the court considered whether it could grant such permission. The court exercised its discretion to allow the withdrawal, finding no prejudice to any party. Consequently, the application was dismissed as withdrawn and the order was to be communicated to the District Judge, Jehanabad.

Issues considered

  • Whether the court may permit the withdrawal of an application and dismiss it as withdrawn

Subjects

  • withdrawal of application
  • court discretion
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41522 of 2016
                   Arising Out of PS. Case No.-166 Year-2016 Thana- JEHANABAD COMPLAINT CASE
                                                    District- Jehanabad
                 ======================================================
           1.     Abhijit Kumar Singh and Ors Son of Dr. Vijayendra Kumar Singh, aged 32
                  years.
           2.    Dr. Vijayendra Kumar Singh son of Sri Ramjanam Singh, aged 59 years
           3.    Chanchala Singh wife of Dr. Vijayendra Kumar Singh, aged 50 years All the
                 above are residents of Flat No. 503, 6th Floor, Swastik Apartment, beside
                 Carmel Junior College, Sonari Jamshedpur and permanent residents of Flat
                 No. 56 B, 7th Phase, Adarsh Nagar, Sonari, P.O. and P.S.- Sonari, Town
                 Jamshedpur, District- Singhbhum East.

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar and Anr
           2.    Akanksha Kirti wife of Abhijit Kumar Singh and daughter of Sri Uday
                 Shankar Singh, aged 29 years, by faith Hindu, b Presently residing at
                 Mohalla Purana Bijli Colony, Jehanabad, P.S. Jehanabad, District Jehanabad,
                 Bihar, Temporary address- Mrs Martha Acaetan Delgado, Plot No.64, Flat
                 No.204, 2nd Dloor BLDG No. 64 B, Chembur Tilaknagar, Landmark, Near
                 Sarswati 5th Mandit, Mumbai- 4000089, Permanent address- 2/A,
                 Ambedkar Path, Anad Vihar Colony, Belly Road, Patna, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Kumar Dhirendra Pratap Singh, Advocate
                 For the Opposite Party/s :    Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   13-01-2026                  Heard the parties.

                                2. Learned counsel            for the petitioners seeks

                   permission to withdraw the application.

                                3. Permission is accorded.

                                4. Accordingly, the present application is dismissed

                   as withdrawn.

                                5. Let a copy of this order be communicated to Principal
              Patna High Court CR. MISC. No.41522 of 2016(5) dt.13-01-2026
                                                          2/2




                        District Judge, Jehanabad through FAX so that the case will

                        proceed further.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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