Patna High Court
Shyam Narayan Mahto @ Shyam MahtoversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The criminal miscellaneous application is disposed of as the petitioner withdrew it and the State raised no objection.
Summary
The petitioner, Shyam Narayan Mahto, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a revision order dated 22 September 2017 passed by the Sessions Judge, Bettiah. The application challenged the affirmation of an earlier order dated 5 January 2017 by the Additional Chief Judicial Magistrate, Bettiah. During the hearing on 7 April 2026, the petitioner expressed a desire to withdraw the petition and requested that the case be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. Considering the unopposed withdrawal, the High Court disposed of the criminal miscellaneous application without further adjudication.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be withdrawn by the petitioner?
- Whether the High Court can dispose of the application upon the petitioner's request without further hearing?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- withdrawal of petition
- High Court order
- criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51224 of 2018
Arising Out of PS. Case No.-18 Year-2010 Thana- GAUNAHA District- West Champaran
======================================================
Shyam Narayan Mahto @ Shyam Mahto S/o late Bikram Mahto @ Vikram
Mahto, R/o Vill.- Tahkaul, P.S.- Gaunaha, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
22.09.2017 passed by learned Sessions Judge, Bettiah, West
Champaran in Criminal Revision No.14 of 2017 arising out of
Trial No.702 of 2016 (arising out of Gaunaha P.S. Case No.18
of 2010) by which the order of learned A.C.J.M.-3 rd, Bettiah,
West Champaran has affirmed the order dated 05.01.2017.
3. Learned counsel for the petitioner submits that he
does not want to press the present petition, accordingly, prays
that the present case may be disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.51224 of 2018(3) dt.07-04-2026
2/2
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of.
(Sunil Dutta Mishra, J)
Ritik/-
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