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Patna High Court

Ritesh Kumar @ MistriversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court may allow the withdrawal of a pending application and dismiss it as withdrawn.

Summary

The petitioner, Ritesh Kumar, had filed an application in the Criminal Miscellaneous proceeding No. 48147 of 2025 before the Patna High Court. During the course of the proceedings, the stage of the case changed, prompting the petitioner to seek permission to withdraw the pending application. Counsel for the petitioner, Mr. Sanjeev Kumar Shrivastava, moved the court for such permission. The learned Judge, Justice Rudra Prakash Mishra, entertained the request and granted permission to withdraw. Consequently, the court ordered that the application stand dismissed as withdrawn. No substantive merits of the original application were adjudicated.

Issues considered

  • Whether the court may permit the withdrawal of a pending application and dismiss it as withdrawn

Subjects

  • withdrawal of application
  • court procedure
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48147 of 2025
                  Arising Out of PS. Case No.-62 Year-2024 Thana- SRINAGAR District- West Champaran
                 ======================================================
                 Ritesh Kumar @ Mistri S/o- Asharfi Mahto Resident of Village- Kohara PS-
                 Shrinagar Pujaha, Dist- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Shrivastava, Advocate
                 For the Opposite Party/s :      Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   07-01-2026                  Mr. Sanjeev Kumar Shrivastava, learned counsel for

                   the petitioner and Mrs. Renu Kumari, learned APP for the State

                   are present.

                                Learned counsel for the petitioner seeks permission of

                   the Court to withdraw the present application as the stage of the

                   case has changed.

                                2. Permission is accorded.

                                3. Accordingly, the present application stands

                   dismissed as withdrawn.



                                         (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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