Amit Kumar v. Saumya

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.658 of 2018 ====================================================== Amit Kumar, Son of Sri Ajai Kumar, Resident of A-703, Sector 'C' Mahanagar, Lucknow- 226006 (Uttar Pradesh). ... ... Appellant/s

Versus

Saumya, Daughter of Sanjeev Kumar and Wife of Amit Kumar, presently residing at Saketpuri, Road No.- 1, P.S.- Ahiapur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

M/s Ajay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 20-09-2018 Learned counsel for the appellant seeks leave to withdraw this appeal to move afresh before a competent forum in view of the fact that as per the decision of the Division Bench of this Court rendered in Md. Akil Ahmad Vs. The State of Bihar & anr. [ 2016(4) PLJR (HC) 968], the appeal would not be maintainable rather a petition under Article 226 of the Constitution of India would be the proper remedy. Accordingly, learned counsel for the appellant is permitted to withdraw this appeal for seeking the remedy before competent forum.

(Dr. Ravi Ranjan, J) ( Madhuresh Prasad, J) Spd/- U