Patna High CourtCR. MISC./11044/2015disposed

Banta Paswan @ Satya Prakash v. The State Of Bihar

2015-05-07Mr. Justice Aditya Kumar Trivedi1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11044 of 2015 Arising Out of PS.Case No. -266 Year- 2014 Thana - KOTWALI (Tilakmanghi) DistrictBHAGALPUR ======================================================

1. Banta Paswan @ Satya Prakash Son of Jyoti Kumar Resident of Mohalla - Jabaripur, P.S. Tilkamanjhi, District - Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

The instant petition happens to be pre-mature petition because of the fact that I.O. has not prayed for requisition against the petitioner as the instant case happens to be against unknown. Accordingly, the instant petition is disposed of. However, it is made clear that in case requisition is made by the I.O. against the petitioner arraying as an accused then in that event, petitioner will be at liberty to seek remedy under Section 438 Cr.P.C.

(Aditya Kumar Trivedi, J) sushma/- U T