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Patna High Court

BIJAY PANDIT @ VIJAY PANDITversusThe State of Bihar

Decided
Disposal
WITHDRAWN
Bench
ANSUL

Holding

Permission to withdraw the criminal petition was granted and the petition was dismissed as withdrawn.

Summary

Petitioner Bijay Pandit filed a criminal miscellaneous petition seeking relief but later expressed a desire to withdraw the petition and pursue a civil suit in the appropriate forum. The petitioner’s counsel requested permission to withdraw, arguing that the findings recorded under Sections 144 and 145 of the Code of Criminal Procedure would not affect the civil suit. The Court examined the earlier order dated 29.03.2019 in Criminal Revision No. 668 of 2015 and held that such criminal findings have no bearing on subsequent civil proceedings. Accordingly, the Court granted permission to withdraw the petition. The petition was dismissed as withdrawn, allowing the parties to adjudicate the matter in a civil court.

Issues considered

  • Whether the petitioner may be permitted to withdraw the criminal miscellaneous petition to file a civil suit
  • Whether findings under Sections 144 and 145 of the Cr.P.C. affect the adjudication of a subsequent civil suit

Legislation cited

Subjects

  • withdrawal of criminal petition
  • civil suit jurisdiction
  • CrPC sections 144 145
  • criminal-civil interplay
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CRIMINAL MISCELLANEOUS No.55422 of 2019
                 ======================================================
                 BIJAY PANDIT @ VIJAY PANDIT S/o Late Tetar Pandit R/o village-
                 Makhadum Chak (Sigori), P.S.- Sigori, District- Patna

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar
           2.    Gajendra Ram S/o Tetar Ram R/o village- Chandhosh, P.S.- Sigori, District-
                 Patna
           3.    Md. Istekhar S/o Late Jalaluddin Ansari R/o village- Makhdum Chak, P.S.-
                 Sigori, District- Patna
           4.    Ram Ishwar Pandit S/o Ram Keshar Pandit R/o village- Makhdum Chak
                 (Sigori) P.S.- Sigori, District- Patna
           5.    Aditya Pandit S/o Ram Ishwar Pandit R/o village- Makhdum Chak (Sigori)
                 P.S.- Sigori, District- Patna
           6.    Jaitun Nisha W/o Abdul Rahim R/o village- Makhdum Chak (Sigori) P.S.-
                 Sigori, District- Patna
           7.    Bijay Singh S/o Sudharshan Mahto R/o village- Sigori, P.S.- Sigori, District-
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Ravi Kant Kumar, Adv.
                 For the Opposite Party/s :    Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

7   14-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Learned Counsel for the petitioner wishes to

                   withdraw to file a suit in the appropriate court of law. The

                   parties may adjudicate the issue before the appropriate forum. It

                   is made clear that findings given in the proceedings and under

                   Sections 144 and 145 of Cr.P.C. will have no bearing on the

                   adjudication of the civil suit if so filed by the petitioner. Any
           Patna High Court CR. MISC. No.55422 of 2019(7) dt.14-05-2026
                                                       2/2




                     observation made in the order dated 29.03.2019 passed in

                     Criminal Revision No. 668 of 2015 arising out of order

                     05.10.2015 passed by learned Executive Magistrate, Paliganj,

                     District – Patna in Misc. Case No. 24(M) of 2013 of Cr.P.C. will

                     have no bearing on the adjudication in a civil suit if so filed.

                                  3. Permission is accorded.

                                  4. Accordingly, the present petition is dismissed as

                     withdrawn.



                                                      (Ansul, J)
abhishekkr/-

U      T


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