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Patna High Court

Sikandar SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is disposed of as the petitioner withdrew his request and there was no objection from the State.

Summary

The petitioner, Sikandar Singh, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash two orders dated 10-02-2009 and 01-02-2017 passed by the Magistrate in a complaint case. During the hearing on 31-03-2026, the petitioner informed the court that he no longer wished to pursue the application and requested its disposal. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's request. The court considered the submissions of both parties and, noting the petitioner's withdrawal, disposed of the application without further inquiry. Consequently, the earlier orders remain undisturbed.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 Cr.P.C. should be entertained when the petitioner withdraws his request
  • Whether the court should quash the earlier Magistrate orders in the absence of a substantive hearing

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.65701 of 2018
                  Arising Out of PS. Case No.-97 Year-2005 Thana- VAISALI COMPLAINT CASE District-
                                                         Vaishali
                 ======================================================
                 Sikandar Singh Son of late Mundrdika Singh Resident of Village Vayash
                 Chak, Police Station- Goraul, District- Vaishali.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar.
           2.    Chhotu Singh Son of Kedar Singh Resident of Village Vayash Chak, Police
                 Station- Goraul, District- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Kanak Verma, Advocate.
                                                 Mr. Prabhat Kumar, Advocate.
                                                 Mr. Lalitesh Mani, Advocate.
                 For the Opposite Party/s :      Mrs. Gulnar Begam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   31-03-2026                   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 orders dated

                   10.02.2009 & 01/02.02.2017 passed by learned Magistrate in

                   connection with Complaint Case No.97 of 2005/ Tr. No.3084 of

                   2016.

                                 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
              Patna High Court CR. MISC. No.65701 of 2018(2) dt.31-03-2026
                                                          2/2




                        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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