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Patna High Court

Mukul RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted permission to withdraw the application and disposed of it without adjudicating the merits.

Summary

Mukul Ranjan filed an application before the Patna High Court seeking relief in a criminal miscellaneous matter arising from a complaint case. The petitioner’s counsel later moved that the application be withdrawn so that a proper application could be filed before the magistrate as prescribed by law. The court considered whether it could permit the withdrawal of the pending application. It held that the petitioner could be allowed to withdraw the application and that the court would not pass any substantive order on the merits. Consequently, permission was granted, the application was marked as withdrawn, and the court expressly stated that it had not expressed any opinion on the merits of the underlying case.

Issues considered

  • Whether the High Court may permit the withdrawal of an application pending before it.

Subjects

  • withdrawal of application
  • procedural law
  • criminal miscellaneous proceedings
  • high court order
  • no merits adjudicated

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58433 of 2025
                  Arising Out of PS. Case No.-341 Year-2023 Thana- COMPLAINT CASE - SIKRAHANA
                                                 District- East Champaran
                 ======================================================
                 Mukul Ranjan S/O Shrikant Sharma @ Srikant Sharma Resident of Village-
                 Saratha Ward No. 07, Police Station- Dhaka, District- East Champaran
                                                                              ... ... Petitioner
                                                    Versus
           1.     The State of Bihar Patna
           2.     Pawan Devi W/O Late Narayan Sharma Resident of Village- Saratha Ward
                  No. 07, Police Station- Dhaka, District- East Champaran
                                                                        ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Karandeep Kumar
                 For the Opposite Party/s :     Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   01-05-2026                       Learned counsel for the petitioner prays for

                   withdrawal of this application so as to file appropriate

                   application before the learned Magistrate as provided under law

                   as regards his prayer made in this application.

                                2. Permission is granted.
                                3. This application is disposed of as withdrawn with
                   the liberty aforesaid.
                                4. It is made clear that this court has not expressed

                   any opinion on the merits of the case.



                                              (Praveen Kumar, J)
Pawan/-

U     T


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