Patna High Court

Prakash Kumar @ Dheeraj SinghversusThe State Of Bihar

Decided: 20 April 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The Court disposed of the criminal miscellaneous application as the petitioner withdrew the petition and the State raised no objection.

Summary

Petitioner Prakash Kumar filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 19 September 2016 passed by the Additional Chief Judicial Magistrate, Siwan. During the hearing, the petitioner expressed that he no longer wished to pursue the petition and requested that the case be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Court considered the submissions of both parties and, finding no opposition, disposed of the application. Consequently, the order sought to be quashed remains in force.

Issues considered

Whether the criminal miscellaneous application under Section 482 Cr.P.C. should be entertained when the petitioner withdraws his request
Whether the Court should quash the order dated 19-09-2016 in the absence of any objection

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Criminal Procedure
Section 482
Quash Order
Withdrawal of Petition
Application Disposal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.54837 of 2016
                    Arising Out of PS. Case No.-17 Year-2011 Thana- BHAGWANPUR HAT District- Siwan
                  ======================================================
                  Prakash Kumar @ Dheeraj Singh Son of Ram Pravesh Singh, Resident of
                  Village: Bikhanpur, P.S. Bhagwanpur, District Siwan.
                                                                              ... ... Petitioner/s
                                                      Versus
                  1. The State of Bihar.
                  2. Birendra Sah Gond S/o Late Chandrika Sah, R/o Village Bilashpur Giri
                    Tola, P.S. Bhagwanpur, District Siwan.
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ajay Kumar Pandey, Advocate.
                                                   Ms. Shyama Rani, Advocate.
                  For the Opposite Party/s :       Mr. Binay Krishna, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

3    20-04-2026                   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

                    19.09.2016 passed by learned A.C.J.M.-II, Siwan in connection

                    with Bhagwanpur @ Bhagwanpur P.S. Case No.17 of 2011.

                                  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.

                                  5. Considering the submissions of learned counsels for

                    the parties, the present Cr. Misc. Application stands disposed of.



                                               (Sunil Dutta Mishra, J)
Ritik/-
U       T

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