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Patna High Court

GANESH KUMAR YADAV @ GANESH KUMARversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court dismissed the pending application as withdrawn.

Summary

The petition in Criminal Miscellaneous No. 67155 of 2021 was filed by Ganesh Kumar Yadav against the State of Bihar and Nathuni Yadav. The petition sought relief, but during the pendency of the case the petitioner’s counsel, Mr. Ranjay Kumar Singh, informed the Court that the petitioner wished to withdraw the application. The counsel explained that the petitioner had filed a separate quashing application before the same Court. The Court considered the request to withdraw the pending application. In view of the petitioner's intention to pursue the matter through the separate quashing application, the Court dismissed the present application as withdrawn.

Issues considered

  • Whether a pending application can be withdrawn after the case has progressed and a separate application has been filed

Subjects

  • withdrawal of application
  • procedural law
  • criminal miscellaneous proceedings
  • quashing application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.67155 of 2021
                          Arising Out of PS. Case No.-5 Year-2020 Thana- SUPAUL District- Supaul
                  ======================================================
                  GANESH KUMAR YADAV @ GANESH KUMAR Son of Late Sukumar
                  Yadav Resident of Village- Menha, P.S.- Marouna, at present Address-
                  Supaul, Ward No. 15, P.S. and District- Supaul.

                                                                                     ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Nathuni Yadav Son of Late Bhuwan Yadav Resident of Village- Sukela, P.S.-
                  Supaul, District- Supaul.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Ranjay Kumar Singh, Advocate
                  For the Opposite Party/s :        Mr. Binod Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    05-01-2026                  Mr. Ranjay Kumar Singh, learned counsel for the

                    petitioner prays for withdrawing the present application as the

                    stage of the case has progressed and challenging the same he

                    has filed a separate quashing application before this Court.

                                 2. In such view of the matter, this application is

                    dismissed as withdrawn.


                                               (Soni Shrivastava, J)

Trivedi/-

U       T


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