Patna High Court

Sunita Sharma @ Sunita DeviversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The Court granted permission to withdraw the application and dismissed it as withdrawn.

Summary

The petitioner, Sunita Sharma, filed an application under Section 311 of the Criminal Procedure Code challenging a refusal of an order. During the hearing, counsel for the petitioner requested permission to withdraw the application, citing the passage of time and the pending trial court judgment. The Court considered the request and granted permission for withdrawal. Consequently, the application was dismissed as withdrawn. The Court expressly clarified that it did not express any opinion on the merits of the underlying case.

Issues considered

Whether the petitioner may be permitted to withdraw an application filed under Section 311 CrPC

Legislation cited

Code of Criminal Procedure, 1973 — s. 311

Subjects

Criminal Procedure
Section 311
withdrawal of application
high court order
dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7953 of 2024
                     Arising Out of PS. Case No.-579 Year-2018 Thana- KHAJANCHI HAT District- Purnia
                   ======================================================
                   Sunita Sharma @ Sunita Devi W/o Binod Sharma R/o Village - Brajesh
                   Nagar, Ward No. 7, P.S. - K. Hat Purnea, Dist. - Purnea
                                                                                  ... ... Petitioner/s
                                                      Versus
                   The State of Bihar
                                                                           ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :      Mr. Bijendra Kumar Singh
                   For the Opposite Party/s :      Mr. Mohammad Sufyan
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     16-03-2026                     Heard the parties.

                                  2. At the very outset, the learned counsel for

                     petitioners submits that the petitioner has challenged the refusal

                     of order under Section 311 Cr. P.C. but by the flux of time, the

                     matter has been posted in trial court for judgment today.

                     Therefore, he seeks permission to withdraw the present

                     application.

                                  3. Permission is accorded.

                                  4. Accordingly, the present application is dismissed 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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