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Patna High Court

Mosmat Bachchi KunwarversusThe Union Of India and Ors

Decided
Disposal
WITHDRAWN

Holding

The application is disposed of as withdrawn, allowing the petitioner to pursue other legal remedies.

Summary

Mosmat Bachchi Kunwar, the widow of a late constable of the Central Reserve Police Force, filed a writ petition seeking orders directing the Union of India and several CRPF officials to take immediate action on her claims relating to her deceased son and to restrain any payment to respondent No.7, who she alleged behaved aggressively and was responsible for her son's death. The petition also sought any other relief deemed just and proper. After hearing counsel for both sides, the petitioner requested permission to withdraw the application and pursue other legal remedies. The court considered the petitioner's request to withdraw the writ petition. The judge disposed of the application as withdrawn, granting the petitioner liberty to seek other remedies.

Issues considered

  • What is the appropriate procedure for withdrawing a writ petition before the High Court?

Subjects

  • writ jurisdiction
  • withdrawal of petition
  • CRPF
  • family dispute
  • civil writ

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4389 of 2017
                 ======================================================
                 Mosmat Bachchi Kunwar Wife of Late Birendra Kumar Mishra Resident of
                 Village-Lulha Dhanw, P.O. Dhanaur, P.S.-Baniyapur, District-Saran at Chapra.

                                                                              ... ... Petitioner/s
                                                      Versus
           1.    The Union of India
           2.    The Director General, Central Reserve Police Force, New Delhi.
           3.    The Inspector General Central Reserve Police Force, Patna.
           4.    The Deputy Inspector-General, Central Reserve Police Force, Mokama
                 Ghat, patna.
           5.    The Deputy Inspector General of Central Reserve Police Forecr,
                 Muzaffarpur
           6.    The Commandent- II, Baralian, Central Reserve Police Forece, Latehar,
                 Jharkhand.
           7.    Madhuri Devi, Daughter Sri Narsingh Pandey, R/o Vill-Usri Mahal Mouza
                 Jagdishpur, P.S. Baikunthpur, District-Gopalganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jeetendra Narayan
                 For the Respondent/s     :      Mr. Awadhesh Kumar Pandey, Sr. CGC
                                                 Mr. R.K.Sharma, CGC
                                                 Mr. Lokesh Kumar, Advocate
                                                 Mr. Abhishek Kumar Verma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

9   10-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                  2. The petitioner has filed the instant application

                   for the following relief:

                                        “1.That this is an application for issuance of
                                        appropriate     writ/     Writs,       order/orders,
                                        direction/directions to commanding, directing
                                        the respondents to take immediate action
                                        regarding claims of the petitioner who is mother
          Patna High Court CWJC No.4389 of 2017(9) dt.10-02-2026
                                                      2/2




                                       of Late Pradeep Kumar Mishra Constable G/D
                                       bearing Force No. 913030205 and further
                                       commanding and directing to the respondents to
                                       restrained      the    any   type   of   payment   to
                                       Respondent no. 7 she is daughter -in- law of the
                                       petitioner but due to her aggressive and ill
                                       behavior the son of the petitioner namely
                                       Pradeep Kumar Mishra was dead and further
                                       for issuance of any other writ order, direction to
                                       which the petitioner may be found eligible and
                                       entitled to and which may also seem just, proper
                                       and necessary to safeguard the rights and
                                       interest of the petitioner in view of the facts and
                                       circumstances mentioned hereinafter.”
                                  3. After some argument learned counsel for the

                    petitioner seeks permission to withdraw this application to

                    pursue the remedies available to the petitioner in accordance

                    with law.

                                4. The application stands disposed of as withdrawn

                    with the aforesaid liberty.



                                               (Partha Sarthy, J)
Bibhash

U


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