Patna High Court
Viveka Nand TiwariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of as not pressed, effectively dismissing the application for quash.
Summary
The petitioner, Viveka Nand Tiwari, filed a petition under Criminal Miscellaneous to quash an order dated 28 March 2017 passed by the Chief Judicial Magistrate, Kaimur, in case No. 599 of 2016. The petitioner later expressed that he no longer wishes to pursue the matter and requested the court to dispose of the petition. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's request. Considering the submissions of both parties, the High Court held that there was no longer any interest in the petition and ordered the case to be disposed of as not pressed. Consequently, the petition was dismissed without any further hearing.
Issues considered
- Whether a criminal miscellaneous petition seeking quash of a lower court order can be dismissed when the petitioner no longer wishes to pursue the matter
Subjects
- quash petition
- criminal miscellaneous
- disposal of case
- non‑pressing of petition
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61051 of 2018
Arising Out of PS. Case No.-599 Year-2016 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Viveka Nand Tiwari Son of Late Jawahar Tiwari, Resident of Bhabua Ward
No. 19, P.S.- Bhabua, District- Kaimur Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vinoda Nand Tiwari, Son of Late Jawahar Tiwari
3. Chandan Tiwari, Son of Vinoda Nand Tiwari, Both are resident of Bhabua
Ward No. 20, P.S.- Bhabua, District- Kaimur.
4. Jitendra Tiwari @ Jitendra Kumar Tiwari, Son of Shri Ramji Tiwari,
Resident of Bhabua Ward No. 20, P.S.- Bhabua, District- Kaimur.
5. Ramanand Choubey, Son of Sita Ram Chaubey, Resident of Bhabua Ward
No. 22, P.S. Bhabua, District- Kaimur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Ramchandra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This petition has been filed for quashing the order
dated 28.03.2017 passed by learned Chief Judicial Magistrate,
Kaimur at Bhabua in Bhabua P.S. Case No. 599 of 2016.
3. Learned counsel for the petitioner submits that he
does not want to pursue this matter, therefore, this case may be
disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.61051 of 2018(3) dt.30-03-2026
2/2
5. In view of the submissions of learned counsel for
the parties, this case stands disposed of as not pressed.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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