Subodh Kumar @ Subodh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4309 of 2015 Arising Out of P.S. Case No.-63 Year-2009 Thana- MEHENDIA District- Jehanabad ====================================================== Subodh Kumar @ Subodh Kumar Yadav Son of Byasmuni Yadav, Resident of Village - Rajapar, P.S. - Arwal, District - Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Chaudhary and Mr. Nagendra Kumar, Advocates For the State :

Mr. Aditya Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-03-2019 Heard learned counsel for the petitioner and learned A.P.P. 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 application is being preferred for quashing the order dated 18.2.2010 by which the ld. Chief Judicial Magistrate Jehanabad has taken the cognizance in Mehendia P.S. Case No. 63 of 2009 for offences under sections 147/ 148/ 149/ 302 of I.P.C. and under Section 27 of Arms Act."

3. After some arguments, learned counsel for the petitioner submitted that the matter be disposed off with liberty to raise all points available to him, at the time of framing of charge.

Patna High Court CR. MISC. No.4309 of 2015 dt.25-03-2019 2/2

4. Learned A.P.P. does not oppose.

5. In view thereof, the application stands disposed off with liberty aforesaid.

6. If the petitioner files a petition before the Court below at the time of framing of charge for discharging him from the case, the same shall be considered and disposed off on its own merits, in accordance with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T