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Patna High Court

Sony PandeyversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application was disposed of as the petitioner withdrew his request for relief.

Summary

The petitioner, Sony Pandey, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 23 August 2018 passed by the Sessions Judge, Darbhanga, which had set aside a previous order and directed the production of minor children before a court in Gorakhpur. During the hearing on 17 March 2026, the petitioner's counsel expressed that he no longer wished to pursue the petition and requested its disposal. The State's counsel raised no objection to this request. The Court, after considering the submissions, disposed of the application without further order. Consequently, the earlier order remains unaffected, and the matter stands closed as the petitioner withdrew the relief sought.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 Cr.P.C. seeking quash of the Sessions Judge's order should be entertained

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Withdrawal of Petition
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.61404 of 2018
                 ======================================================
                 Sony Pandey Wife of Late Sanjeev Kumar Pandey, Resident of Village- Naya
                 Gaon, P.S.- Naya Gaon, District- Saran.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar.
           2.    Smt. Surabhi Shukla, Wife of Buddhadev Shukla, Resident of Mohalla-
                 Kailashpuri Bharat Chauraha, P.S.- Khorabar, District- Gorakhpur. U.P.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Mukesh Kumar Singh, Advocate.
                 For the Opposite Party/s :   Mr. Md. Arif, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-03-2026                  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

                   23.08.2018 passed by learned Sessions Judge, Darbhanga in Cr.

                   Rev. No.311 of 2018 arising out of Khorabar P.S. Case No.616

                   of 2018 by which the order of learned C.J.M., Darbhanga passed

                   on 10.08.2018 in Khorabar P.S. Case No.616 of 2018 was set-

                   aside and I.O. of the case was directed to produce both the

                   minor children before the concerned court at Gorakhpur before

                   whom the Khorabar P.S. Case No.616 of 2018 is pending who

                   were handed over to the petitioner by the C.J.M. on the request

                   of I.O. of the case.
              Patna High Court CR. MISC. No.61404 of 2018(2) dt.17-03-2026
                                                          2/2




                                     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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