Shree Krishna Lal Karan @ Krishna Lal Karan And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26981 of 2015 Arising Out of PS. Case No.-304 Year-2012 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== 1.
Shree Krishna Lal Karan @ Krishna Lal Karan and Anr. Son of Late Bhati Lal Das.
2.
Sanjay Kumar Son of Shree Krishna Lal Karan Both residing at Mohalla - Ramanand Path New Balbhadrapur Laheriasarai, P.S. Laheriasarai, District - Darbhanga ... ... Petitioners
Versus
1.
State Of Bihar 2.
Anil Kumar Son of Late Ramashrai Ray, Residing at village - Gangapur, P.S. Baini 'Pusa', District - Samastipur.
At Present Constable No. 554, Anil Kumar B.M.P. 13, Darbhanga C/o Sri Kripa Nath Mishra, residing at Mohalla - Ramanand Path, Ward No. 44, New Balbhadrapur Laheriasarai, P.S. Laheriasarai, District - Darbhanga ... ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-06-2023 Heard learned counsel for the parties.
This application has been filed for quashing of the order dated 02.03.2015 passed by learned Judicial Magistrate, 1st Class, Darbhanga, in C.R. Case No. 304 of 2012, by which the learned Magistrate has taken cognizance against the petitioners for the offence under Section 406 of the Indian Penal Code.
After some arguments, learned counsel for the
Patna High Court CR. MISC. No.26981 of 2015(3) dt.22-06-2023 2/2 petitioners seeks permission to withdraw this application with a liberty to raise all the grounds including the ground that no offence is made out against the petitioners in view of the law laid down by the Hon'ble Supreme Court in the case of Murari Lal Gupta vs. Gopi Singh reported in (2005) 13 SCC 699 at the stage of framing of charge.
If such grounds are raised by the petitioners by filing an application in the Court below, the same shall be considered and decided by the Court below in light of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar reported in (2022) 9 SCC 577.
With the aforesaid observations and directions, this application is disposed of as withdrawn.
(Sandeep Kumar, J) pawan/- U T