Ashok Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16627 of 2015 Arising Out of Complaint Case No.3706 Year- 2013 District- PATNA =========================================================== Ashok Kumar, Son of Basudeo Narain Sinha, resident of village - Bhagwanpur, P.O. + P.S. Katrisarai, District - Nalanda, Presently residing at B - 18/9, Phase - 1 DLF City, Gurgaon ( Haryana ) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Manjula Kumari, Wife of Sri Surendra Prasad Singh, resident of 302, Sushma Apartment, Rajendra Nagar Road, 10, P.S. Kadam Kuan, District - Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the State : Mr. B.N. Pandey, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 16-04-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 11.2.2015 by which the Judicial Magistrate, 1st Class, Patna, has refused an application under Section 205 Cr. P.C. in Complaint Case No. 3706C of 2013.

Considering that the Petitioner undertakes to present himself as and when he is required to do so by the Court concerned and there is no dispute about his identity at any point in time, the application stands allowed in terms of the said undertaking. Accordingly, the Proceeding including the order dated

Patna High Court Cr.Misc. No.16627 of 2015 dt.16-04-2015 2/2 11.2.2015 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 3706C of 2013 is hereby set aside. (Anjana Prakash, J) S.Ali/- U T