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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Deepak Kumar, filed a civil miscellaneous petition in the Patna High Court against the State of Bihar and three private respondents. During the proceedings, the petitioner’s counsel submitted that the matter had become infructuous and requested permission to withdraw the petition. The court considered the request and, noting that the petitioner sought a voluntary withdrawal, granted permission. Consequently, the petition was dismissed as withdrawn. No substantive merits of the dispute were adjudicated, and the case was closed without any orders against the respondents.

Issues considered

  • Whether the court may grant permission to withdraw a civil miscellaneous petition on the ground that the matter has become infructuous

Subjects

  • withdrawal of petition
  • infructuous
  • civil miscellaneous jurisdiction
  • patna high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Miscellaneous Jurisdiction Case No.3524 of 2025
                                                         In
                           CIVIL MISCELLANEOUS JURISDICTION No.687 of 2024
                    ======================================================
                    Deepak Kumar Son of Sri Surya Prasad, Permanent Address- Surya Bhawan,
                    Baramasiya, Mirchai Bari, P.S.- Katihar, District- Katihar, Present Address-
                    Quarter No. 113/1, Type- IV, New Colony, G.C.F Estate, Jabalpur- 482011
                    (M.P.)
                                                                                ... ... Petitioner/s
                                                      Versus
               1.    The State of Bihar
               2.   Saraswari Kumari @ Suman Kumari, W/O Deepak Kumar, D/O- Dinesh
                    Prasad Gupta, Resident of Kali Tola, Ward No. 3, Araria R.S., P.S.- Araria,
                    District- Araria.
               3.   Dinesh Prasad Gupta, Son of Harakh Ram Gupta, Father of the respondent
                    no. 2 and her legal guardian, Resident of Kali Tola, Ward No. 3, Araria R.S.,
                    P.S.- Araria, District- Araria.
               4.    Smt. Anita Gupta, Mother of the respondent no. 2, Resident of Kali Tola,
                     Ward No. 3, Araria R.S., P.S.- Araria, District- Araria.
                                                                              ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Rajendra Prasad Sah, Advocate
                    For the Opposite Party/s :      Mr. Ramadhar Singh, GP-25
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                          ORAL ORDER

3    18-03-2026                      The learned counsel for the petitioner submits that

                      the matter has become infructuous and seeks permission to

                      withdraw the present petition.

                                   2. Permission is accorded.

                                   3. Accordingly, the present petition is dismissed as

                      withdrawn.



                                                    (Arun Kumar Jha, J)
V.K.Pandey/-

U


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