Patna High Court
Sunaina DeviversusThe State Of Bihar Through Superintendent Of Police, Muzaffarpur and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- JITENDRA KUMAR
Holding
The writ petition is dismissed as withdrawn and infructuous.
Summary
The petitioner, Sunaina Devi, filed a criminal writ petition challenging actions of the State and another respondent. During the proceedings, the petitioner’s counsel sought permission to withdraw the petition, citing that the police had accepted the final form and the related complaint case had been dismissed. The court considered the request to determine whether the petition had become infructuous. Upon review, the court found that the petitioner’s objectives had been achieved and the petition no longer served any purpose. Consequently, the court dismissed the writ petition as withdrawn and infructuous.
Issues considered
- Whether a criminal writ petition can be withdrawn after the police final form is accepted and the related complaint case is dismissed
Subjects
- writ petition
- withdrawal
- criminal procedure
- final form
- infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.422 of 2018
Arising Out of PS. Case No.-118 Year-2017 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Sunaina Devi, Wife of Late Devan Prasad Sinha, Resident of Village-
Bagmali Khata Jangi, P.S.- Sadar, Post- Hajipur, District- Vaishali.
... ... Petitioner
Versus
1. The State of Bihar Through Superintendent Of Police, Muzaffarpur
2. Meena Devi, Wife of Late Pramod Kumar Sinha, Resident of Village-
Kolua, Yadav Chawk Near Garam Chowk, Post- Paigambarpur Kolhua, P.S.-
Ahiyapur, District- Muzaffarpur.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Kalyan Shankar, Advocate
Ms. Smita Sreeyash, Advocate
For the State : Mr. Md. N. H. Khan, SC-I
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
5 08-01-2026 Learned counsel for the Petitioner is seeking
permission to withdraw the present writ petition in view of final
form filed by the police being accepted and even the Complaint
Case arising out of the protest petition being dismissed.
2. Hence, the present petition is dismissed as
withdrawn/infructuous.
(Jitendra Kumar, J.)
Chandan/-
U T
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