Patna High Court
Sita DeviversusThe State Of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted permission to withdraw the criminal miscellaneous application and dismissed it as withdrawn.
Summary
The petitioner, Sita Devi, filed a criminal miscellaneous application before the Patna High Court seeking permission to withdraw the proceedings, alleging that the case had become infructuous. The petitioner’s counsel, Mr. Binod Kumar, requested the court’s leave to withdraw the application. The respondent, the State of Bihar, was represented by Mr. Upendra Kumar. The court examined whether a criminal miscellaneous application could be withdrawn at the petitioner's request. Finding no legal impediment, the court granted the petitioner's request. Consequently, the application was dismissed as withdrawn.
Issues considered
- What is the appropriate procedure for withdrawing a criminal miscellaneous application when the case becomes infructuous?
Subjects
- withdrawal
- criminal miscellaneous application
- infructuous case
- permission to withdraw
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69587 of 2018
Arising Out of PS. Case No.-30 Year-2017 Thana- MAHILA PS District- Khagaria
======================================================
Sita Devi W/o late Harinarayan Mandal Resident of Village- Chhoti Chak,
P.S. Gogari, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate.
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 Learned counsel for the petitioner submits that this
case become infructuous, accordingly, 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stands dismissed as withdrawn.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/-
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