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Patna High CourtCR. MISC./4720/2015disposed

Amit Kumar Sharma @ Amit Sharma v. State Of Bihar And ANR

2019-05-01Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4720 of 2015 Arising Out of P.S. Case No.-83 Year-2012 Thana- MIRGANJ District- Gopalganj ====================================================== Amit Kumar Sharma @ Amit Sharma Son of Rajendra Sharma, Resident of Village - Narayanpur, Police Station - Pachrukhi, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ramji Sharma Son of Late Nathuni Sharma, Resident of Village - Hazianpur Road, Ward no. 11, P.S. Gopalganj (Town), District - Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 01-05-2019 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 this is an application on behalf of the petitioner invoking the inherent jurisdiction of this Hon'ble Court u/s 482 of Cr.P.C. to quash and cancel the order dated 14.03.2013 passed in Trial no. 2766 of 2015 arising out of Mirganj P.S. case no. 83 of 2012 passed by learned court of Sri Ashish Mishra, the Judicial Magistrate, Gopalganj, whreby and whereunder he has taken cognizance against the petitioner of the offences u/s 279 and 304 (A) of the Indian Penal Code."

3. After some arguments, learned counsel for the

Patna High Court CR. MISC. No.4720 of 2015(4) dt.01-05-2019 2/2 petitioner submitted that the case be disposed off with liberty to move before the Court below itself at the appropriate stage.

4. In view thereof, as prayed for by learned counsel for the petitioner, the application stands disposed off with liberty aforesaid.

5. If any application is filed by the petitioner before the Court below 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.) Anand Kr.

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