Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SONI SHRIVASTAVA
Holding
The Court dismissed the application as withdrawn, granting permission for withdrawal on the ground of infructuity.
Summary
The petitioner, Rohit Kumar, filed an application before the Patna High Court seeking withdrawal of the criminal proceedings against him, alleging that the application had become infructuous. The respondent State of Bihar and co-accused Gunja Kumari opposed the withdrawal. The petitioner was represented by counsel Ms. Mili Kumari, while the opposite parties were represented by Mr. Narsingh Tanti, an advocate-on-record. The Court examined whether the application could be permitted to be withdrawn on the ground of being infructuous. Finding no substantive impediment, the Court granted permission for withdrawal. Consequently, the application was dismissed as withdrawn, effectively terminating the pending criminal matter.
Issues considered
- Whether a criminal application that has become infructuous may be withdrawn by the petitioner
Subjects
- Criminal Procedure Code
- withdrawal of case
- infructuous application
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88027 of 2025
Arising Out of PS. Case No.-116 Year-2024 Thana- GARKHA District- Saran
======================================================
Rohit Kumar S/O Ramsurat Mahto Resident Of Village- Majlishpur, Police
Station- Garkha, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gunja Kumari D/O Shambhu Nath Mahto Resident Of Village- Majlishpur,
Police Station- Garkha, District- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mili Kumari, Adv.
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Ms. Mili Kumari, learned counsel appearing for the
petitioner prays for withdrawal of case as the application has
become infructuous.
2. Permission is accorded.
3. The application is dismissed as withdrawn as
having become infructuous.
(Soni Shrivastava, J)
Harsh/-
U T
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