Patna High Court
Prince Kumar Rai @ Prince RaiversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was withdrawn by the petitioner and the court disposed of the petition without further hearing.
Summary
The petitioner, Prince Kumar Rai, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 08‑08‑2018 that had rejected his earlier petition filed on 25‑05‑2018. During the hearing on 30‑03‑2026, the petitioner expressed that he no longer wished to pursue the matter and requested the court to dispose of the petition. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. Considering the unopposed withdrawal, the court disposed of the petition without further adjudication. The order effectively leaves the original order of the Additional District and Sessions Judge unchanged.
Issues considered
- Whether the petition under Section 482 Cr.P.C. seeking quashment of the order dated 08‑08‑2018 should be entertained
- Whether the court can dispose of the petition upon the petitioner's request to withdraw
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quashment of order
- Petition withdrawal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65076 of 2018
Arising Out of PS. Case No.-199 Year-2014 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Prince Kumar Rai @ Prince Rai Son of Subash Rai, Resident of Village-
Ahirauli Dubauli, P.S.- Gopalpur, District- Gopalganj.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Munni Devi, Wife of Tarkeshwar Shahi, Village- Belthari, P.S.- Kuchaikote,
District- Gopalganj, at present - Mohalla- Malviya Nagar, Ward No. 4, P.S.-
Gopalganj, District- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
For the Opposite Party/s : Mr. Rajesh 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 08.08.2018 passed by
the learned Additional District and Sessions Judge-V, Gopalganj
in Sessions Trial No. 158 of 2016, arising out of Gopalganj
Town P.S. Case No. 199 of 2014 by which the petition filed by
the petitioner dated 25.05.2018 was rejected.
3. Learned counsel for the petitioner submits that he
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
Patna High Court CR. MISC. No.65076 of 2018(2) dt.30-03-2026
2/2
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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