Nuzhat Bano v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.298 of 2016 Arising Out of PS.Case No. -90 Year- 2006 Thana -AJAMNAGAR District- KATIHAR ====================================================== Nuzhat Bano, wife of Arshad Ali, resident of Village Dhumnagar, P.S. Azamnagar, District- Katihar.

.... .... Appellant/s

Versus

1. The State of Bihar

2. Md. Alam, son of Late Suzauddin

3. Ekramul, son of Mohd. Alam

4. Chammi Khatoon, wife of Md. Alam, All residents of Village Dhoom Nagar, P.S.- Azam Nagar, District- Katihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Md. Imtiyaz Hussain For the Respondent/s : Mr. Sujeet Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-05-2016 At the outset, learned counsel for the appellant submits that this appeal in its present form is not maintainable before this Court as the acquittal order recorded by the Magistrate in a police case can only be assailed before the court of Sessions and not before this Court.

In view of the aforesaid submission advanced at the Bar, learned counsel for the appellant seeks leave to withdraw the present appeal in order to prefer an appropriate appeal before the court of Sessions.

Leave is granted. The appeal is disposed of.

(Ashwani Kumar Singh, J) Pradeep/- U T