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Patna High Court

Afroj Alam KhanversusThe State of Bihar through the Chief Secretary at Patna

Decided
Disposal
WITHDRAWN

Holding

The writ application is disposed of as having become infructuous.

Summary

The petitioner, Afroj Alam Khan, filed a criminal writ seeking relief against the State of Bihar and several police officials. After filing, an FIR was registered and the alleged victim was recovered. The petitioner's counsel, Mr. Amarendra Nath Verma, requested permission to withdraw the writ application on the ground that the matter had become moot. The State, represented by Mr. Shankar Kumar, opposed the withdrawal. The Court examined whether the writ could be withdrawn and found that the circumstances rendered the writ infructuous. Consequently, the Court disposed of the writ application as infructuous.

Issues considered

  • Whether a criminal writ application can be withdrawn after the filing of an FIR and recovery of the victim, rendering the petition moot.

Subjects

  • writ jurisdiction
  • withdrawal of writ
  • infructuous
  • criminal procedure
  • FIR
  • victim recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Writ Jurisdiction Case No.1331 of 2026
                 ======================================================
                 Afroj Alam Khan Son of Md. Sharif Khan Resident of Village - Mianpur
                 Dubauli, Bagahi Ratanpura, Ward No. 2, P.S.- Bairiya, District - West
                 Champaran

                                                                             ... ... Petitioner
                                                    Versus

           1.    The State of Bihar through the Chief Secretary at Patna
           2.    The Home Secretary, Bihar at Patna
           3.    The Director General of Police, Bihat at Patna
           4.    The Deputy Inspector General of Police, Champaran Range, Bettiah
           5.    The Superintendent of Police, Bettiah, District - West Champaran
           6.    The Deputy Superintendent of Police, Bettiah, Sadar, District - West
                 Champaran
           7.    The Officer Incharge, Bairiya P.S., District - West Champaran

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Amarendra Nath Verma
                 For the State         :       Mr. Shankar Kumar, AC to AAG-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   06-07-2026                  At the outset, Mr. Amarendra Nath Verma, learned

                   counsel for the petitioner seeks permission to withdraw this

                   writ application as according to him, after filing of the writ

                   application, one FIR has been registered and the victim girl

                   has been recovered.

                                2. Mr. Shankar Kumar, learned AC to AAG-7 is

                   present for the State.
          Patna High Court CR. WJC No.1331 of 2026(2) dt.06-07-2026
                                                      2/2




                                3. This writ application is disposed of as having

                    become infructuous.



                                          (Rajeev Ranjan Prasad, J)


                                               (Kumar Manish, J)
lekhi/-

U


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