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Patna High Court

Manoj Kumar GuptaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is disposed of as the petitioner withdrew the petition and the State raised no objection.

Summary

Manoj Kumar Gupta filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 11 March 2014 passed by the Sub-Divisional Judicial Magistrate, Patna. During the hearing on 24 March 2026, the petitioner expressed that he no longer wished to pursue the petition and requested its disposal. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. Considering the mutual consent of the parties, the High Court disposed of the application without further adjudication. The order effectively dismisses the petition as withdrawn.

Issues considered

  • Whether the High Court should entertain a petition under Section 482 Cr.P.C. seeking quash of a lower court order when the petitioner wishes to withdraw the petition.

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.62266 of 2018
                 Arising Out of PS. Case No.-1474 Year-2013 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Manoj Kumar Gupta S/o Rameshwar Prasad Gupta, R/o Mohalla- Pandariva
                 Simli, P.S.- Malsalami, District- Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Sushma Devi W/o Manoj Kumar Gupta D/o Jagdish Prasad Singh, House
                 No. A/19, Sanjay Gandhi Nagar, Road No. 1, Hanuman Nagar, P.S.-
                 Patrakarnagar, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Arvind Kumar Mouar, Advocate.
                 For the Opposite Party/s :     Mr. Umesh Lal Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   24-03-2026                  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

                   11.03.2014 passed by learned S.D.J.M., Patna in connection

                   with Complaint Case No.1474(C) of 2013.

                                3. Learned counsel for the petitioner submits that he

                   does not want to press the present petition, accordingly, prays to

                   dispose of the present Cr. Misc. Application.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.

                                5. Considering the submissions of learned counsels
              Patna High Court CR. MISC. No.62266 of 2018(2) dt.24-03-2026
                                                          2/2




                        for the parties, the present Cr. Misc. Application stands disposed

                        of.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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