Patna High Court
Madan KumarversusThe State of Bihar through the Principal Secty Deptt. of Mines and Minerals Govt. of Bihar, Patna
- Decided
- Disposal
- WITHDRAWN
- Bench
- ARUN KUMAR JHA
Holding
The writ petition is not maintainable and is dismissed as withdrawn.
Summary
Madan Kumar filed a criminal writ petition in the Patna High Court challenging an order dated 20 June 2025 passed by the Additional Chief Judicial Magistrate, Patna City. The court examined the petition's maintainability and found it to be non‑maintainable. The petitioner’s counsel sought permission to withdraw the petition and replace the certified copies filed. The court granted permission, dismissed the petition as withdrawn, and allowed the petitioner to pursue any appropriate remedy in a suitable forum. The court also directed the return of the original certified copies after substitution with true copies.
Issues considered
- Whether the writ petition filed by the petitioner is maintainable against the order of the Additional CJM.
Subjects
- writ petition
- maintainability
- withdrawal
- High Court
- criminal writ jurisdiction
- order of Additional CJM
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2715 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Madan Kumar S/o Late Rajballabh Rai Resident of Village- Sirpatpur, P.S.-
Gopalpur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secty Deptt. of Mines and Minerals
Govt. of Bihar, Patna Bihar
2. The Mines Commissioner Bihar, Patna Bihar
3. The Special Secretary cum Director Mines and Geological Deptt. Govt. of
Bihar, Patna Bihar
4. The District Magistrate, Patna Bihar
5. The Mining Development Officer, Patna Bihar
6. The Mining Inspector, Patna Bihar
7. The S.H.O. Gaurichak P.S., Patna Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Kumar Singh, Adv.
For the Respondent/s : G.P 20
For the Dep. Of Mines : Mr. Utsav Anand, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 02-02-2026 The present writ petition does not appear to be
maintainable since it has been preferred against the order dated
20.06.2025 passed in Gaurichak P.S. Case No. 60 of 2025 by the
learned Additional CJM, Patna City.
02. At the outset, learned counsel for the petitioner
seeks permission to withdraw the present petition with liberty to
have the recourse of law in appropriate proceeding before
appropriate forum. Learned counsel for the petitioner further
prays that the certified copies filed in the present writ petition
Patna High Court CR. WJC No.2715 of 2025(2) dt.02-02-2026
2/2
may be returned to him and in its place its true copies may be
substituted.
03. Permission is accorded.
04. Accordingly, the present petition is dismissed as
withdrawn with liberty to the petitioner to have the recourse of
law in appropriate proceeding before appropriate forum.
05. Office is directed to return the certified copies
filed by the petitioner after its true copies are substituted.
(Arun Kumar Jha, J)
Anuradha/-
U T
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