Awadh Prasad Singh @ Awadh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6285 of 2015 Arising Out of PS.Case No. -11 Year- 2014 Thana - AKBARPUR District- NAWADA ===================================== Awadh Prasad Singh @ Awadh Singh Son of Sri Govind Singh, Resident of Village - Pahadpur, P.S. - Akbarpur, District - Nawada.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Rajeev Nayan For the Opposite Party/s : Mr. Rajiv Nayan(App) ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-03-2018 By way of Interlocutory Application No. 879 of 2018, a prayer has been made for permitting modification in para 1 of the main petition.

The petitioner has challenged the order of cognizance dated 05.01.2015 passed by the learned Chief Judicial Magistrate, Nawada. During the pendency of the present case, petition for discharge preferred before the Court below was rejected.

Now, by filing the aforesaid Interlocutory Application, the petitioner seeks to convert the present petition into one against the order of discharge.

This Court is afraid, it cannot be permitted. Accordingly, the present petition as well as

Patna High Court Cr.Misc. No.6285 of 2015 (2) dt.27-03-2018 2/2 Interlocutory Application No. 879 of 2018 are permitted to be withdrawn for preferring a fresh petition, challenging the order refusing to discharge the petition.

The petition is dismissed as withdrawn with the liberty as aforesaid.

(Ashutosh Kumar, J) Shageer/- U T