Patna High Court

Smt. Malti MishraversusState Of Bihar and Anr

Decided: 16 February 2026
Disposal: WITHDRAWN
Bench: SHAILENDRA SINGH

Holding

The Court permitted the withdrawal of the criminal miscellaneous petition and dismissed it as withdrawn.

Summary

The petitioner, Smt. Malti Mishra, filed a criminal miscellaneous petition (No. 47337 of 2016) arising from PS case No. 877 of 2015 in Siwan. The petition was pending before the Patna High Court. During the hearing on 16‑02‑2026, counsel for the petitioner requested permission to withdraw the petition. The Court considered its inherent power to allow withdrawal of criminal proceedings where no prejudice is caused. It granted the request, holding that the petition could be withdrawn. Consequently, the petition was dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw a criminal miscellaneous petition pending before the High Court

Subjects

withdrawal of criminal petition
criminal miscellaneous proceedings
inherent jurisdiction of court
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.47337 of 2016
                   Arising Out of PS. Case No.-877 Year-2015 Thana- SIWAN COMPLAINT CASE District-
                                                           Siwan
                  ======================================================
                  Smt. Malti Mishra

                                                                                 ... ... Petitioner/s
                                                        Versus
                  State of Bihar and Anr.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s       :      Mr. Vishwajeet Kumar Mishra, Adv.
                                                    Mr. Sanjay Kumar Pandey, Adv.
                  For the State              :      Mr. Nityanand, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                        ORAL ORDER

4    16-02-2026                          Learned counsel appearing for the petitioner seeks

                    permission to withdraw the instant criminal miscellaneous

                    petition.

                                   2. Permission as sought above is granted.

                                   3. The instant criminal miscellaneous petition stands

                    dismissed as withdrawn.




                                                 (Shailendra Singh, J)
annu/-

U        T

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