Patna High Court

Lalit Mohan Prasad Mehta and OrsversusState Of Bihar and Anr

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Disposal: WITHDRAWN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

Holding

The court may allow the withdrawal of a criminal miscellaneous petition upon the petitioner's request.

Summary

The petitioners, three brothers, filed a criminal miscellaneous petition (No.52325 of 2016) arising from a complaint case in Madhubani. During the proceedings, the petitioners, through their counsel, applied to the High Court for permission to withdraw the petition. The sole issue before the court was whether it could allow the withdrawal of the criminal miscellaneous petition. The court, after hearing the counsel, granted the request, holding that a petition may be withdrawn with the court's permission. Consequently, the petition was dismissed as withdrawn.

Issues considered

Whether the High Court may permit the withdrawal of a criminal miscellaneous petition filed by the petitioners

Subjects

withdrawal of criminal petition
criminal miscellaneous petition
court discretion
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.52325 of 2016
                   Arising Out of PS. Case No.-139 Year-2015 Thana- MADHUBANI COMPLAINT CASE
                                                    District- Madhubani
                  ======================================================
                  1. Lalit Mohan Prasad Mehta, Son of Late Jagjot Prasad Mehta
                  2. Kamal Kishor Mehta
                  3. Nitin Kumar Mehta @ Anku @ Nitin.
                     Both sons of Sri Lalit Mohan Prasad Mehta. All resident of vill- Parsauni,
                  Police station – Patauna (Bisphi), Dist. - Madhubani.

                                                                               ... ... Petitioner/s
                                                      Versus
                  1. State of Bihar
                  2. Nirmala Devi, Wife of Ram chandra Ram, resident of vill- Parsauni, P.S.-
                  Patauna (Bishphi), Dist.- Madhubani.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Shailendra Kumar Jha, Adv.
                                                  Mr. Shashi Dhar Jha, Adv.
                  For the Opposite Party/s :      Mr. Ram Sevak Choudhary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                        ORAL ORDER

5    16-02-2026                     Learned counsel appearing for the petitioners 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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