Patna High Court

KUMARI PAMMI CHOUDHARY @ KUMARI PAMMI @ PAMMI KUMARI CHAUDHARYversusTHE STATE OF BIHAR

Decided: 8 January 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

The Court held that it may permit a party to withdraw a pending application upon proper request.

Summary

Kumari Pammi Choudhary filed an application in a criminal miscellaneous proceeding before the Patna High Court. Subsequently, she sought the Court's permission to withdraw the application, citing a change in the stage of the case. The learned counsel for the petitioner, Mr. Mohit Agarwal, made the request on 8 January 2026. The Court examined whether it could grant such permission. It granted the petitioner's request, allowing the withdrawal. Consequently, the pending application was dismissed as withdrawn.

Issues considered

Whether the Court may grant permission to withdraw a pending application in a criminal miscellaneous proceeding

Subjects

withdrawal of application
criminal procedure
court permission
high court

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL MISCELLANEOUS No.51803 of 2024
                       Arising Out of PS. Case No.-148 Year-2018 Thana- KUSHESHWARASTHAN District-
                                                            Darbhanga
                     ======================================================
                     Kumari Pammi Choudhary @ Kumari Pammi @ Pammi Kumari Chaudhary
                     Daughter Of Ram Lochan Chaudary And Wife Of Niranjan Kumar Resident
                     Of Village - Sultanpur, P.S. - Kusheshwarsthan, District -Darbhanga And
                     Presently Residing At Ward No. 3, Tara Lahi, P.S. - Taralahi, District -
                     Darbhanga

                                                                                  ... ... Petitioner/s
                                                         Versus
                1.   The State of Bihar
                2.   Santosh Kumar Yadav C/O. Shyam Yadav Resident Of Sultanpur P.S. -
                     Kusheshwarsthan, District - Darbhanga

                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr. Mohit Agarwal, Advocate
                     For the Opposite Party/s :     Ms. Suman Kumari Singh, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                     MISHRA
                                           ORAL ORDER

2    08-01-2026                Mr. Mohit Agarwal, learned counsel for the petitioner

                       seeks permission of this Court to withdraw the present

                       application on account of the stage of case being changed.

                               2.      Permission, as prayed for, is accorded.

                               3.      Accordingly, the present application is dismissed as

                       withdrawn.


                                                              (Rudra Prakash Mishra, J)

Raj Kishore/-

U

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