Patna High Court
Ghanshyam TiwariversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the petition upon the petitioner's request to withdraw, with no objection from the State.
Summary
The petitioner, Ghanshyam Tiwari, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12 June 2012 by the 1st Additional Sessions Judge, Patna City, which had set aside his earlier discharge and directed further proceedings in a criminal case. The petitioner later expressed a desire to withdraw the petition, and the State of Bihar, as the opposite party, raised no objection to this request. Both parties' counsel appeared before the High Court. Considering the submissions, the Court disposed of the petition without further order. Consequently, the petition was effectively withdrawn and no further action was taken.
Issues considered
- Whether a petition under Section 482 Cr.P.C. seeking quash of an order can be withdrawn by the petitioner
- Whether the Court should entertain the petition after the petitioner expresses a desire to discontinue it
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Petition
- Withdrawal of Petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61414 of 2018
Arising Out of PS. Case No.-41 Year-2008 Thana- FATUA District- Patna
======================================================
Ghanshyam Tiwari Son of Ram Sewak Tiwari, Resident of Village- Narma,
Police Station- Fatuha, District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Rahul Kishore, Son of Late Sushil Kumar @ Babban Singh, Resident of
Village- Narma, Police Station- Fatuha, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, 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. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 12.06.2012 passed by
the learned 1st Addl. Sessions Judge, Patna City in Cr. Rev. No.
1096 of 2009 by which said Cr. Revision filed by O.P. No. 2
was allowed and the order dated 09.07.2008 passed by the
learned A.C.J.M., Patna City discharging the petitioner from the
criminal case was set aside and learned Magistrate was directed
to proceed further against the petitioner in Fatuha P.S. Case No.
41 of 2008.
3. Learned counsel for the petitioner submits that he
Patna High Court CR. MISC. No.61414 of 2018(3) dt.30-03-2026
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does not want to press the petition and prays to dispose of the
same.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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