Anwar Shad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23106 of 2021 Arising Out of PS. Case No.-425 Year-2019 Thana- MANIHARI District- Katihar ====================================================== Anwar Shad S/O Abdul Rauf R/o village- Kochgama, Ward No. 11, Near Jama Masjid, P.S.- Birpur, Distt.- Supaul ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Md. Samiullah S/o Abdul Hakim Resident of- Olipur, P.S.- Manihari, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Dr. Mritunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-07-2024 Heard Mr. Shailendra Kumar Singh, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner by filing the present application seeking quashing of the order taking cognizance dated 21.05.2020 passed by the learned Chief Judicial Magistrate, Katihar in Manihari P.S. Case No. 425 of 2019, whereby cognizance has been taken for the offences under Section 406, 420 and 120(B) of the Indian Penal Code against the petitioner and others.

3. Though, several submissions have been made in order to assail the order taking cognizance. However, after some

Patna High Court CR. MISC. No.23106 of 2021(3) dt.05-07-2024 2/2 arguments, learned Advocate for the petitioner seeks permission to withdraw the present application with a liberty to file an appropriate petition for discharge at the time of framing of charge.

4. Needless to observe that if such a petition is filed by the petitioner, the same shall be considered and disposed of, in accordance with law.

5. The present application stands dismissed with the liberty aforesaid.

(Harish Kumar, J) shivank/- U T