Patna High Court
Nishant KatareversusThe State of Bihar through The Home Secretary, Govt. of Bihar, Patna
- Decided
- Disposal
- WITHDRAWN
Holding
The Court granted permission to withdraw the writ application and dismissed it as withdrawn, while allowing the petitioner liberty to seek remedy before the appropriate forum.
Summary
Nishant Katare filed a criminal writ petition before the Patna High Court. Counsel for the petitioner sought the Court’s permission to withdraw the writ application while retaining liberty to approach the appropriate forum for any further remedy. The State was represented by the Additional Counsel to the Advocate General. The Court, after hearing arguments, granted the petitioner's request, allowing the withdrawal of the writ. Consequently, the writ application was dismissed as withdrawn, with liberty to the petitioner to seek his remedy before the appropriate forum as may be advised. The order was pronounced by Justices Rajeev Ranjan Prasad and Kumar Manish.
Issues considered
- Whether a petitioner may be permitted to withdraw a criminal writ application before the High Court.
- Whether the Court can grant liberty to the petitioner to approach another forum for relief after withdrawal.
Subjects
- writ jurisdiction
- withdrawal of petition
- criminal writ
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1353 of 2026
======================================================
Nishant Katare Son of Late Sita Ram Katare Resident of Bazi Raokatra,
Mahuaria, Mirzapur, P.S.- Katra Kotwali, District- Mirzapur (U.P.)
... ... Petitioner
Versus
1. The State of Bihar through The Home Secretary, Govt. of Bihar, Patna
2. The Senior Superintendent of Police, Patna
3. The Sub-Divisional Police Officer, Patna (East) Patna
4. The S.H.O. Chowk, Patna City, Patna
5. Priyanka Katare @ Priyanka Kumari Wife of Nishant Katare, D/o Sriniwash
Khard, at present residing at Kachauri Gali, Patna City, P.S.- Chowk,
District- Patna
... ... Respondents
======================================================
Appearance :
For the Petitioner : Ms. Somya Janki, Advocate
Mr. Santosh Kumar Singh, Advocate
For the State : Mr. Saroj Kumar Sharma, AC to AAG-3
======================================================
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 After some arguments, Ms. Somya Janki, learned
counsel for the petitioner seeks permission to withdraw this writ
application with liberty to seek the remedy, as may be advised to
the petitioner in accordance with law before appropriate forum.
2. Mr. Saroj Kumar Sharma, learned AC to AAG-3 is
present for the State.
3. Permission is granted.
4. This writ application is dismissed as withdrawn, but
Patna High Court CR. WJC No.1353 of 2026(2) dt.06-07-2026
2/2
with liberty to the petitioner to seek his remedy before
appropriate forum, as may be advised to him.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-praphul/-
U
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