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Patna High Court

RAJEEV KUMARversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the withdrawal and dismissed the application as withdrawn.

Summary

The petitioner Rajeev Kumar filed a criminal miscellaneous application before the Patna High Court challenging a revisional order dated 05.10.2021. The application sought relief concerning the fresh order of cognizance that was required to be passed after considering all material and hearing both parties. During the hearing on 05-01-2026, the petitioner’s counsel requested the withdrawal of the application. The Court allowed the withdrawal and dismissed the application as withdrawn. The judgment noted that the revisional order itself required a fresh order of cognizance after full hearing.

Issues considered

  • Whether the petitioner may withdraw the pending criminal miscellaneous application?

Subjects

  • withdrawal of application
  • criminal miscellaneous proceedings
  • revision
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.4395 of 2022

                         Arising Out of PS. Case No.-201 Year-2020 Thana- KHAIRA District- Saran
                 ======================================================
                 Rajeev Kumar S/O Late Raiselal Prasad Sah R/O Village- Affaur, P.S.-
                 Khaira, District- Saran.
                                                                    ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.    Subhash Prasad S/o- Late Shobhnath Sah R/o Village- Affaur, P.S.- Khaira,
                 District- Saran.
           3.    Amit Raj @ Chhotaka S/o Subhash Prasad R/o Village- Affaur, P.S.- Khaira,
                 District- Saran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Binod Kumar Sinha
                 For the State              :      Mr. Uday Chand Prasad
                 For the opposite parties          Mr. S.B.K. Manglam
                                                  Mr. Awinash Kumar
                                                  Mr. Vikash Kumar Singh


                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

7   05-01-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite party no. 2.

                                  2. After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application.

                                  3. Prayer is allowed.

                                  4. Accordingly, this application is dismissed as

                   withdrawn.

                                  5. It is, however, clear from the impugned revisional

                   order dated 05.10.2021 itself that the fresh order of cognizance is
             Patna High Court CR. MISC. No.4395 of 2022(7) dt.05-01-2026
                                                         2/2




                       required to be passed after considering all the materials and also

                       after hearing both the parties concerned.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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