Deoki Prasad Agarwal And ORS v. The State Of Bihar Through The Principal Secretary, Home Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.288 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- THAKURGANJ District- Kishanganj ====================================================== 1.

Deoki Prasad Agarwal, Son of Late Kalu Ram Agarwal, Resident of Shiv Mandir Road, Ward no. 11, Thakurganj, P.S.-Thakurganj, DistrictKishanganj. 2.

Ganesh Kumar Agarwal, Son of Nand Kishor Agarwal, Resident of Nehru Road, ward no. 11, Thakurganj, P.S.-Thakurganj, District-Kishanganj. 3.

Niranjan Mor, Son of Late Panna Lal Mor, Resident of Shiv Mandir Road, Ward no. 10, Thakurganj, P.S.-Thakurganj, District-Kishanganj. 4.

Trilok Agarwal @ Trilok Chandra Agarwal, Son of Shyam Sundar Agarwal, Resident of College Road, Mastan Chowk, Ward No. 11, Thakurganj, P.S.- Thakurganj, District-Kishanganj.

5.

Raj Kumar Agarwal, Son of Late Jeevan Mal Agarwal, Resident of Nehru Road, Ward No. 10, Thakurganj, P.S.-Thakurganj, District-Kishanganj. 6.

Banwari Lal Agarwal, Son of Manik Chndra Agarwal, Resident of Nehru Road Ward no. 10, Thakurganj, P.S.-Thakurganj, District-Kishanganj. 7.

Madhav Kumar Dhanuka, Son of Late Chiranjilal Dhanuka, Resident of Nehru Road, Ward no. 10 Thakurganj, P.S.-Thakurganj, District-Kishanganj. 8.

Radhe Shyam Agarwal, Son of Late Mangtilal Agarwal, Resident of Nehru Road Ward no. 10 Thakurganj, P.S.-Thakurganj, District-Kishanganj. ... ... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Home Department, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. the Superintendent of Police, Kishanganj.

4. The S.H.O., Thakurganj, P.S.-Thakurganj, District-Kishanganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Bhola Prasad, Advocate Mr. Indrajeet Verma, Advocate For the Respondent-State:

Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-09-2019 Heard Mr. Bhola Prasad, learned counsel for the petitioners and Mr. Ajay Kumar, learned counsel for the State. The instant application under Articles 226 and 227 of

Patna High Court CR. WJC No.288 of 2019(9) dt.18-09-2019 2/2 the Constitution of India has been filed by the petitioners for quashing the first information report of Thakurganj P.S. Case No.150 of 2018 registered under Section 420 read with 34 of the Indian Penal Code and Section 11 of the Public Gambling Act, 1867.

Though this application was heard on different dates and the case was fixed for judgment, when I started dictating the judgment, Mr. Bhola Prasad, learned counsel for the petitioners submitted that since charge-sheet has been submitted and the jurisdictional Magistrate has taken cognizance of the offence, he may be permitted to withdraw the application with liberty to raise all the points available to the petitioners at the stage of framing of charge.

Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- U T