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Patna High Court

SUNITA SHARMAversusThe State of Bihar through the Home Secretary Govt. of Bihar, Patna

Decided
Disposal
WITHDRAWN

Holding

The court may permit withdrawal of a writ petition when it has become infructuous.

Summary

Sunita Sharma filed a criminal writ petition before the Patna High Court challenging certain actions of the State of Bihar and other respondents. During the pendency of the case, counsel for the petitioner sought permission to withdraw the petition, stating that the matter had become infructuous. The court considered whether it had the authority to allow such a withdrawal. Relying on its inherent powers to manage its own process and to prevent unnecessary litigation, the court granted the request. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether a writ petition may be withdrawn when it becomes infructuous

Subjects

  • writ petition
  • withdrawal
  • infructuous
  • high court
  • civil procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.891 of 2022
                     Arising Out of PS. Case No.-579 Year-2018 Thana- KHAJANCHI HAT District- Purnia
                   ======================================================
                   Sunita Sharma W/o Sri Binod Sharma, Resident of Village- Brajesh Nagar,
                   P.S.- K. Hat, District- Purnea.
                                                                               ... ... Petitioner
                                                      Versus
              1.    The State of Bihar through the Home Secretary Govt. of Bihar, Patna Bihar
              2.   The Home Secretary Govt. of Bihar, Patna Bihar
              3.   The Registrar, Civil Court,Purnea Bihar
              4.   Sapna Kumar D/O Pramod Kumar Jha Resident of village- Housing Colony,
                   P.S.- K. Hat District- Purnea.
              5.    Sunaina Devi W/O Pramod Kumar Jha resident of village- housing colony,
                    p.s.- K. Hat District- Purnea.
                                                                        ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :       Mr. Bijendra Kumar Singh, Advocate
                   For the Respondent/s    :       Mr. Sheo Shankar Prasad, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

5   13-02-2026                      Learned counsel for the petitioner seeks permission

                     to withdraw the present writ petition as the matter has become

                     infructuous.

                                    2. Permission, as prayed for, is accorded.

                                    3. Accordingly, the present writ petition stands

                     dismissed as withdrawn.


                                                              (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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