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Patna High CourtCR. WJC/112/2022disposed

The Regional Manager, Shriram Life Insurance Company Ltd. Through Rajesh Kumar Srivastava, v. The State Of Bihar Through , Secretary Law Department , Bihar.

2023-04-18Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.112 of 2022 Arising Out of PS. Case No.-289 Year-2019 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== 1.

The Regional Manager, Shriram Life Insurance Company Ltd. through Rajesh Kumar Srivastava, age 46 year, Male , Son of late Suraj Sriwastava Resident of Luv Kush Tower , Office no.203, Exhibition Road, Patna, 800001 2.

The Vice President , Sriram Life Insurance Company ltd. Bihar and Jharkhand through Shaktinath Srivastava, age 49 year, Male Son of Late Harishankar Prasad Sinha. Resident of Luv Kush Tower , Office no.203, Exhibition Road, Patna, 800001 ... ... Petitioner/s

Versus

1.

The State of Bihar through , Secretary Law Department, Bihar. 2.

Mr. Rajesh Kumar Sinha S/O Late Badrinath Sinha resident of Biratpur, P.S.- Town Thana, District- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Archana Sinha, Adv.

For the Respondent/s :

Mr. Gyan Prakash Ojha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 18-04-2023 Learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant present. The present criminal writ application has been filed against the order dated 24.11.2021 passed by the District Judge, Aurangabad in Cr. Rev. No. 15 of 2021 by which the order taking cognizance dated 03.07.2019 by the Chief Judicial Magistrate, Aurangabad in Complaint Case No. 289 of 2019 which was approved.

Counsel for the private respondent submits that he

Patna High Court CR. WJC No.112 of 2022 dt.18-04-2023 2/2 is raising preliminary objection in this case as the petitioner has not exhausted proper remedy and criminal writ is not the remedy for the petitioner.

After raising the objection, counsel for the petitioner seeks permission to withdraw the present criminal writ application seeking his remedy before appropriate forum at appropriate stage.

Permission granted.

Accordingly, the present criminal writ application is dismissed as withdrawn with liberty aforesaid. Joint Registrar (List) is directed to comply the order dated 30.06.2022 by way of expunging the name of respondent no. 2 and 3 and respondent no. 4 be added as respondent no. 2 in the soft copy as well as in the cause title part of the petition.

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