Patna High Court
Harsha VardhanversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the petition, granting the petitioner's request to withdraw the application.
Summary
The petitioner, Harsha Vardhan, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 06-08-2018 of the Sub‑Divisional Judicial Magistrate, Patna, which had rejected his discharge petition under Section 245 Cr.P.C. and ordered that charges be framed against him. The petitioner later expressed that he no longer wished to pursue the petition and requested its disposal. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Court considered the submissions of both parties. In view of the petitioner's desire to withdraw the application and the State's consent, the Court disposed of the petition without further adjudication on the merits. The order effectively terminates the proceedings initiated under Section 482 Cr.P.C.
Issues considered
- Whether the order of the Sub‑Divisional Judicial Magistrate rejecting the discharge petition can be quashed under Section 482 Cr.P.C.
- Whether the petitioner may withdraw the petition under Section 482 Cr.P.C. with the consent of the State
Legislation cited
- Code of Criminal Procedure, 1973 — s. 245, 482
Subjects
- Criminal Procedure Code
- Section 482
- Section 245
- quash petition
- withdrawal of petition
- discharge petition
- charge framing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63656 of 2018
Arising Out of PS. Case No.-3117 Year-2009 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Harsha Vardhan Son of Bhupendra Narain Sinha, At present posted in M/S
Tata Consultancy Services Gurgaon Haryana Resident of Flat No.102, R.R.
Ugrah Apartment Sheopuri, Police Station Shastri Nagar, Distt.-Patna
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nivedita Niram, wife of Harsha Vardhan and D/o Dhananjay Kumar Singh,
at present residing at Vivek Bihar, Hanuman Nagar, P.S. Patrakar Nagar,
Kankarbagh, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 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 06.08.2018 passed by
the learned Sub-Divisional Judicial Magistrate, Patna in
Complaint Case No. 3117(C) of 2009 by which discharge
petition of the petitioner filed under Section 245 Cr.P.C. was
rejected and order was passed to frame charge against the
petitioner.
3. Learned counsel for the petitioner submits that he
does not want to press the petition and prays to dispose of the
same.
Patna High Court CR. MISC. No.63656 of 2018(2) dt.30-03-2026
2/2
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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