Patna High Court

Madhuri PaswanversusThe State Of Bihar and Ors

Decided: 30 June 2026
Disposal: WITHDRAWN
Bench: SUNIL DUTTA MISHRA

Holding

Permission to withdraw the application was granted, and the application was dismissed as withdrawn.

Summary

Madhuri Paswan filed a criminal miscellaneous application in the Patna High Court. During the pendency of the application, the petitioner died. Her counsel sought the Court's permission to withdraw the pending application on account of her death. The Court considered whether a deceased petitioner's application could be withdrawn by his legal representatives. It held that permission could be granted and ordered the application to be dismissed as withdrawn. Consequently, the criminal miscellaneous application stands dismissed.

Issues considered

Whether permission can be granted to withdraw a criminal miscellaneous application due to the death of the petitioner

Subjects

withdrawal of application
death of petitioner
criminal miscellaneous proceedings
procedural law

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.68128 of 2018
                     Arising Out of PS. Case No.-59 Year-2018 Thana- MADHEPURA COMPALINT CASE
                                                     District- Madhepura
                   ======================================================
                   Madhuri Paswan Son of Late Ayodhi Paswan, Resident of Mohalla-
                   Madhepura Ward No.09, Police Station and District- Madhepura.
                                                                            ... ... Petitioner/s
                                                    Versus
              1.    The State of Bihar.
              2.   Amrendra Yadav, Son of Late Janardan Prasad Yadav,
              3.   Ashok Yadav, Son of Late Janardan Prasad Yadav,
              4.   Shambhu Narayan, Son of Late Surendra Prasad Yadav,
              5.   Manish Kumar, Son of Shyamal Prasad Yadav,
              6.   Kuwar Kishore Yadav, Son of Late Mahendra Prasad Yadav,
              7.   Raj Kishore Yadav, Son of Late Mahendra Prasad Yadav,
              8.   Anant Kumar, Son of Late Mahendra Prasad Yadav,
              9.   Jai Kishore Yadav, Son of Late Mahendra Prasad Yadav,
              10. Subhash Chandra Yadav, Son of Late Satya Narayan Prasad Yadav, All
                   residents of Mohalla- Ward No.9, Madhepura, P.S. and District- Madhepura.
                                                                       ... ... Opposite Party/s
                  ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Nachiketa Jha, Advocate.
                                                    Mr. Ankur Agraj, Advocate.
                   For the Opposite Party/s :       Mr. Brajendra Nath Pandey, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

4     30-06-2026                   Learned counsel for the petitioner submits that petitioner

                     had died during the pendency of the application, therefore, he seeks

                     permission to withdraw the present Cr. Misc. Application.

                                   2. Permission, as prayed for, is granted.

                                   3. Accordingly, the present Cr. Misc. Application stands

                     dismissed as withdrawn.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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