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Patna High Court

DUKHANI DEVIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court may permit withdrawal of an application and dispose of it as withdrawn without addressing the merits.

Summary

The petitioner, Dukhani Devi, filed a criminal miscellaneous application before the Patna High Court. During the hearing on 17-03-2026, counsel for the petitioner requested permission to withdraw the application, citing a prior order dated 18-11-2025 in another case (Cr. Misc. No. 80023 of 2023). The court considered the request and, without examining the merits of the underlying dispute, granted permission to withdraw. Consequently, the present application was disposed of as withdrawn. The judgment also clarified that the court had not expressed any opinion on the merits of the case.

Issues considered

  • Whether the court may grant permission to withdraw a pending application upon the petitioner's request

Subjects

  • withdrawal of application
  • procedural order
  • high court
  • criminal miscellaneous proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7745 of 2024
                    Arising Out of PS. Case No.-157 Year-2020 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Dukhani Devi Wife of Late Fuleshwar Prasad Singh Resident of Village -
                 Dayalpali, P.S. - Khajauli, District - Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar BIHAR
           2.    Suvash Singh @ Subhash Singh Son of Saroj Singh Resident of Village -
                 Dayalpali, P.S. - Khajauli, District - Madhubani
           3.    Satyam Singh Son Of Bibhash Kumar Singh Resident of Village - Dayalpali,
                 P.S. - Khajauli, District - Madhubani
           4.    Saroj Singh Son Of Late Satdeo Singh Resident of Village - Dayalpali, P.S. -
                 Khajauli, District - Madhubani
           5.    Mukesh Singh Son Of Late Bhup Narayan Singh Resident of Village -
                 Dayalpali, P.S. - Khajauli, District - Madhubani
           6.    Manoj Singh Son Of Late Bhup Narayan Singh Resident of Village -
                 Dayalpali, P.S. - Khajauli, District - Madhubani
           7.    Sanjay Singh Son Of Yogi Singh Resident Of Village - Dayalpali, P.S. -
                 Khajauli, District - Madhubani
           8.    Sandeep Kumar Singh Son Of Late Kailash Singh Resident of Village -
                 Dayalpali, P.S. - Khajauli, District - Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ratanakar Jha, Advocate
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   17-03-2026                     Heard the parties.

                                2. At the very outset, the learned counsel for

                   petitioner seeks permission to withdraw this application since he

                   is contended with the order dated 18.11.2025 passed in Cr. Misc.

                   No. 80023 of 2023.

                                3. Permission is accorded.
              Patna High Court CR. MISC. No.7745 of 2024(3) dt.17-03-2026
                                                          2/2




                                     4. Accordingly, the present application is disposed of

                        as withdrawn.

                                     5. It is clarified that this Court has not expressed any

                        opinion on the merits of the case.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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