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- WITHDRAWN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 The Court examined whether the writ could be withdrawn and found that the circumstances rendered the writ infructuous.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- Whether a criminal writ application can be withdrawn after the filing of an FIR and recovery of the victim, rendering the petition moot.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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