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Patna High Court

Harsha VardhanversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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