Patna High Court

Kumar GauravversusThe State Of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The Court disposed of the criminal miscellaneous application upon the petitioner's request and the State's consent.

Summary

Kumar Gaurav filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 28-08-2018 passed by the Additional Sessions Judge, Vaishali. During the hearing on 23-04-2026, the petitioner expressed that he no longer wished to pursue the petition and requested that the matter be disposed of. The State of Bihar, represented by the Additional Public Prosecutor, raised no objection to the petitioner's request. The Court considered the submissions of both parties and, finding no opposition, ordered the application to be disposed of. Consequently, the order dated 28-08-2018 remains undisturbed and the criminal miscellaneous proceeding was terminated.

Issues considered

What is the appropriate course of action when a petitioner seeks to withdraw a criminal miscellaneous application filed under Section 482 Cr.P.C.?

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Criminal Procedure Code
Section 482
quash order
withdrawal of petition
criminal miscellaneous application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.63083 of 2018
                         Arising Out of PS. Case No.-105 Year-2017 Thana- SARAI District- Vaishali
                  ======================================================
                  Kumar Gaurav Son of Late Arun Kumar Singh, Resident of Village-Khabra,
                  P.S.-Muzaffarpur Sadar, Distt.-Muzaffarpur Bihar.
                                                                            ... ... Petitioner/s
                                                    Versus
                  The State of Bihar.                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Rakesh Kumar, Advocate.
                  For the Opposite Party/s :        Mr. S.M. Rahman, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

2    23-04-2026                  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

                    28.08.2018 passed by learned Additional Sessions Judge IInd-

                    cum-Special Judge, Vaishali at Hajipur A.C.J.M.-II, Siwan in

                    connection with Sarai P.S. Case No.105 of 2017.

                                 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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