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Patna High Court

Dina Nath YadavversusThe State of Bihar through the Principal Secty Deptt. of Mines and Minerals Govt. of Bihar, Patna

Decided
Disposal
WITHDRAWN

Holding

The writ petition is not maintainable as it challenges a judicial order.

Summary

The petitioner, Dina Nath Yadav, 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, in PS case No. 60 of 2025. The petition sought relief against the State of Bihar and several mining officials. The Court examined whether the writ petition was maintainable, noting that it was filed against a judicial order rather than an administrative act. The Court held that the petition was not maintainable. The petitioner’s counsel requested permission to withdraw the petition and replace the certified copies with true copies. The Court granted permission, dismissed the petition as withdrawn, and directed the return of the certified copies.

Issues considered

  • Whether the writ petition challenging the order of the Additional CJM is maintainable under criminal writ jurisdiction?

Subjects

  • writ petition
  • maintainability
  • criminal writ jurisdiction
  • withdrawal
  • procedural law
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.2808 of 2025
                      Arising Out of PS. Case No.-60 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Dina Nath Yadav S/o Dev Nandan Yadav R/o Mohalla- Kankarbag Road Devi
                 Sthan Naya Tola, P.S.- Kumhrar, 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 JMines 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
                 For the Respondent/s  :         G.P. 7
                 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.2808 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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