Patna High Court
MRS. KANCHAN GUPTAversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The court permitted the withdrawal of the application and dismissed it as withdrawn.
Summary
The petitioners, Kanchan Gupta, Ashok Kumar Gupta and their son Abhishek Kamal, filed a criminal miscellaneous application before the Patna High Court in a case arising from a 2019 complaint in Gaya. They later sought permission to withdraw the application, stating that it had become infructuous due to the passage of time. The State of Bihar, represented by Mr. Ravindra Pal Singh, opposed the withdrawal. The court, after hearing counsel, allowed the petitioners to withdraw the application. Consequently, the application was dismissed as withdrawn, with no substantive merits being decided.
Issues considered
- What is the appropriate procedural course when an application becomes infructuous due to lapse of time?
- Can the petitioners be permitted to withdraw the application at this stage?
Subjects
- withdrawal of application
- procedural law
- lapse of time
- criminal miscellaneous
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8616 of 2024
Arising Out of PS. Case No.-1209 Year-2019 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
1. MRS. KANCHAN GUPTA W/O SHRI ASHOK KUMAR @ ASHOK
KUMAR GUPTA R/O KAMLA KUNJ, NEW AREA BISAR TALAB, P.S-
CIVIL LINE GAYA, DISTT.- GAYA (BIHAR)-823001.
2. SHRI ASHOK KUMAR @ ASHOK KUMAR GUPTA S/O LATE GOPAL
LAL R/O KAMLA KUNJ, NEW AREA BISAR TALAB, P.S- CIVIL LINE
GAYA, DISTT.- GAYA (BIHAR)-823001.
3. SHRI ABHISHEK KAMAL S/O SHRI ASHOK KUMAR @ ASHOK
KUMAR GUPTA R/O KAMLA KUNJ, NEW AREA BISAR TALAB, P.S-
CIVIL LINE GAYA, DISTT.- GAYA (BIHAR)-823001.
... ... Petitioners
Versus
1. THE STATE OF BIHAR
2. MR. RAVINDRA PAL SINGH S/O SHRI JAGIR SINGH R/O VASTU
VIHAR, PHASE-2, ROAD NO.-2, P.S- BODHGAYA, DISTT.- GAYA
(BIHAR)
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Binay Kumar, Advocate
For the Opposite Party-State: Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 10-03-2026 Learned counsel for the petitioners seeks permission
to withdraw this application as the same by efflux of time has
become infructuous.
2. Prayed is allowed.
3. This application is dismissed as withdrawn as
having become infructuous.
(Praveen Kumar, J)
Pawan/-
U T
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