Saroj Gupta @ Saroj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41971 of 2015 Arising Out of PS. Case No.-48 Year-2014 Thana- BANGAWON District- Saharsa ====================================================== Saroj Gupta @ Saroj Kumar S/o Balmukund Gupta@Balmukund Prasad Gupta Resident of Bariahi Bazar, P.s Bangaon,District saharsa. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Punam Devi W/o Rudal Sharma Resident of village- Raithi ,P.s Salakhua, District Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Ram Anurag Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

None appears for the O.P. No. 02 despite valid service of notice.

This application has been filed for quashing the order dated 31.07.2015 passed by learned Additional Sessions JudgeII, Saharsa in S.T. No. 204 of 2015 arising out of Bangaon P.S. No. 48 of 2014 Learned counsel for the petitioner has taken this Court to the compromise petition dated 19.06.2014 filed by the O.P. No. 02 in this case by which the O.P. No. 02 has prayed that the petitioner has been falsely made accused in this case.

Patna High Court CR. MISC. No.41971 of 2015(3) dt.19-06-2023 2/2 When the informant is not interested in contesting the case then the same cannot be allowed to continue in the interest of justice.

In view of the above, this application is allowed. Accordingly, the order dated 31.07.2015 passed by learned Additional Sessions Judge-II, Saharsa in S.T. No. 204 of 2015 arising out of Bangaon P.S. No. 48 of 2014 and the entire prosecution of Bangaon P.S. No. 48 of 2014 is hereby quashed with regard to the petitioner only.

(Sandeep Kumar, J) Vikas/- U