Patna High Court
Archana Kumari,versusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the writ petition is dismissed as withdrawn, granting the petitioner liberty to file a criminal miscellaneous case.
Summary
Archana Kumari filed a writ petition before the Patna High Court against the State of Bihar and several private respondents. The petition was challenged on the ground of lack of maintainability. The petitioner, through counsel, sought to withdraw the writ and was given liberty to file a criminal miscellaneous case for the relief sought. The court examined the defect pointed out by the office regarding maintainability. Finding the petition withdrawable, the court dismissed the application as withdrawn. The petitioner was permitted to pursue the matter through a criminal miscellaneous proceeding.
Issues considered
- Whether the writ petition is maintainable before the High Court
- Whether the petitioner may withdraw the writ petition and file a criminal miscellaneous case
Subjects
- maintainability
- withdrawal of petition
- writ petition
- criminal miscellaneous case
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.5350 of 2019
======================================================
Archana Kumari, Wife of Sanjeev Kumar, Daughter of Sachidanand Singh,
Resident of Village Naugarh, Police Station-Khejarsarai, District-Gaya, at
present Resident of Village-Bhelu Bigha, Police Station-Hisua, District-
Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjeev Kumar, Son of Gouri Shankar Sharma, Resident of Village
Naugarh, Police Station-Khejarsarai, District-Gaya.
3. Rakesh Kumar Nirala, Son of Gouri Sankar Sharma, Resident of Village
Naugarh, Police Station-Khejarsarai, District-Gaya
4. Gouri Shankar Sharma, Son of Late Ram Avtar Sharma, Resident of Village
Naugarh, Police Station-Khejarsarai, District-Gaya
5. Kanti Devi, Wife of Gouri Shankar Sharma, Resident of Village Naugarh,
Police Station-Khejarsarai, District-Gaya.
6. Babli Devi, Wife of Rakesh Kumar Nirala, Resident of Village Naugarh,
Police Station-Khejarsarai, District-Gaya.
7. Raj Kumar, Son of Resident of Village Naugarh, Police Station-Khejarsarai,
District-Gaya
8. Mikki Kumari, Wife of Manish Azad, Resident of Village- Police Station-
Arwal, District-Arwal.
9. Manish Azad, Son of Resident of Village- Police Station-Arwal, District-
Arwal.
10. Vinod Singh, Son of Resident of Village- Police Station-Arwal, District-
Arwal.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Syed Asgher Najmi
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 31-01-2026 In view of the defect pointed out by the office
regarding maintainability of the present case, learned counsel
for the petitioner prays for withdrawing the case with liberty to
file Criminal Miscellaneous case for the relief claimed in the
Patna High Court MJC No.5350 of 2019(2) dt.31-01-2026
2/2
present writ application.
2. As prayed for, this application is dismissed as
withdrawn with liberty as aforesaid.
(Alok Kumar Sinha, J)
sanjeev/-
U
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