Imtiyaz Alam @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7092 of 2015 Arising Out of PS. Case No.-435 Year-2013 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Imtiyaz Alam @ Guddu Son of Nasim Haide Resident of village - Kharua, P.S. Sadar, District - Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Jha, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:
"That the present application is being filed for quashing the order dated 3.04.2014 passed by the learned Chief Judicial Magistrate, Darbhanga in connection with Sadar (Bhalpatti O.P) case no. 435 of 2013 whereby and whereunder the learned court took cognizance against the petitioner under section 302/34 of the Indian Penal Code without applying his judicial mind."
3. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the application with liberty to raise all points available to him,
Patna High Court CR. MISC. No.7092 of 2015(2) dt.15-04-2019 2/2 including those in the present application, at the appropriate stage, before the Court below itself.
4. Learned APP does not oppose.
5. In view thereof, the application stands disposed off as withdrawn with liberty aforesaid.
6. It goes without saying that if the petitioner files any application before the Court below itself, at the appropriate stage, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.
(Ahsanuddin Amanullah, J) Anjani/- U T