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Patna High Court

Sunny GuptaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

A party may be permitted to withdraw a pending application, and the court may dismiss it as withdrawn.

Summary

The petitioners, including Sunny Gupta and relatives, filed an application before the Patna High Court. They later sought the court's permission to withdraw that application. The court considered whether a party may be allowed to withdraw a pending application. It held that the court has discretion to permit withdrawal and that the application can be dismissed as withdrawn. Accordingly, permission was granted and the application was dismissed as withdrawn.

Issues considered

  • Whether the court may grant permission to withdraw a pending application

Subjects

  • withdrawal of application
  • court discretion
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57080 of 2025
                       Arising Out of PS. Case No.-79 Year-2024 Thana- MAHILA P.S. District- Saran
                 ======================================================
           1.     Sunny Gupta Son of Chhotelal Gupta R/o - Vidyapati Sarani Bankim Nagar,
                  Iskeon Road, Ward No.41, S.M.C, P.S - Baktinagar, District - Jalpaiguri,
                  West Bengal
           2.    Chhotelal Gupta son of Late Swami Nath Gupta R/o - Vidyapati Sarani
                 Bankim Nagar, Iskeon Road, Ward No.41, S.M.C, P.S - Baktinagar, District -
                 Jalpaiguri, West Bengal
           3.    Kamlawati Devi @ Kamlawati Gupta wife of Chhotelal Gupta R/o -
                 Vidyapati Sarani Bankim Nagar, Iskeon Road, Ward No.41, S.M.C, P.S -
                 Baktinagar, District - Jalpaiguri, West Bengal
           4.    Sweta Gupta Wife of Manish Gupta @ Manish kumar Gupta Villae- and Ps-
                 Khalpara, Dist- Darjeeling West Bengal at P/A- village- Matigara, Ps-
                 Matigara, Dist- Darjeeling, West Bengall
           5.    Manish Gupta @ Manish Kumar Gupta son of Late Raj Kumar Gupta
                 Villae- and Ps- Khalpara, Dist- Darjeeling West Bengal at P/A- village-
                 Matigara, Ps- Matigara, Dist- Darjeeling, West Bengali
           6.    Pushpa Prasad @ Pushpa Devi@ Pushpa Gupta @ Satimai Wife of Raj
                 Kishore Prasad Village and Ps- Khalpara, Dist- Darjeeling West bengal at
                 Present village- Tarkhola, Ps- Ramphoo, Dist- Kalimpong, West Bengal

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Nandani Gupta wife of Sunny Gupta Resident of vidyapatti Sarani, Bankim
                 Nagar, Iskon Road, Ward no. 41, SMC Ps- Bhaki, Nagar, Dist- Jalpaiguri,
                 West Bengal At present Mohalla- Salempur, Shilpi Cinema Chowk, Ps-
                 chapra town, Dist- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   11-03-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Learned counsel               for the petitioners seeks

                   permission to withdraw the present application.
              Patna High Court CR. MISC. No.57080 of 2025(3) dt.11-03-2026
                                                          2/2




                                     3. Permission is accorded.

                                     4. Accordingly, the present application is dismissed as

                        withdrawn.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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