Patna High Court
Kanhaiya MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The application is withdrawn with liberty to raise substantive points at a later stage.
Summary
The petitioners, Kanhaiya Mishra and Shashikala Devi, filed a criminal miscellaneous petition (No.48651 of 2025) arising from a 2016 complaint case in Vaishali district. Their counsel sought to withdraw the application, stating that charges had already been framed and that he would raise any substantive points at a later stage. The learned judge, Justice Praveen Kumar, granted permission to withdraw the application. The court disposed of the application as withdrawn, expressly noting that it did not express any opinion on the merits of the underlying criminal case. No substantive adjudication on the merits was made, and the matter was left to be addressed, if at all, in subsequent proceedings.
Issues considered
- Whether the petitioners may be permitted to withdraw their pending application in the criminal miscellaneous proceeding.
Subjects
- withdrawal of application
- criminal miscellaneous proceeding
- procedural order
- court permission
- no merits adjudication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48651 of 2025
Arising Out of PS. Case No.-2281 Year-2016 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
1. Kanhaiya Mishra Son of Late Suresh Mishra Resident Of Village-
Makasudanpur, (Bhadaiya), Po- Bhadaiya, Ps- Mohiuddinagar, Dist
-Samastipur
2. Shashikala Devi Wife of kanhaiya Mishra Resident Of Village-
Makasudanpur, (Bhadaiya), Po- Bhadaiya, Ps- Mohiuddinagar, Dist
-Samastipur
... ... Petitioners
Versus
1. The State of Bihar
2. Priyanka Devi Wife of Ravikant Mishra village- Shbhankarpur Tikoli, Post-
Mahthi, Dharamchand, ps- Tisiauta, Dist- Vaishali at Hajipur
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr.Sachin Kumar
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-03-2026 Learned counsel for the petitioners, at the very
outset, submits that charges have been framed in this case and as
such he intends to withdraw this application with liberty to raise
all the points available to him including the ground raised in this
application at the appropriate stage.
2. Permission is granted.
3. This application is disposed of as withdrawn with
the liberty aforesaid.
4. It is made clear that this court has not expressed
any opinion on the merits of the case.
(Praveen Kumar, J)
Pawan/-
U T
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