Md. Shahid And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28742 of 2015 Arising Out of PS. Case No.-60 Year-2010 Thana- GOGRI District- Khagaria ====================================================== 1.

Md. Shahid son of Md. Qaiyum 2.

Md. Saiful son of Md. Qaiyum 3.

Md. Qaiyum son of late Anis 4.

Farzana wife of Md. Saiful 5.

Hamida wife of Afroz 6.

Amina wife of Md. Qaiyum All are residents of village - Rampur Purvi Tola Kalapadi, P.S. - Gogri, District - Khagaria.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Md. Murshid Alam son of Md. Jabbar resident of village - Rampur, P.S. Gogri, District - Khagaria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.J.Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-02-2023 On 20.02.2023, the following order was passed: "No one appears on call.

As a last chance, list this case after one week."

No one appears on call today also.

This petition has been preferred for quashing of the order dated 01.05.2015 passed by learned 3rd Additional Sessions Judge, Khagaria in S.C. (Sessions Case) No. 149 of 2011 arising out of Gogri P.S. Case No. 60 of 2010 (G.R. No. 598 of 2010), whereby the petition dated 09.02.2015 filed by

Patna High Court CR. MISC. No.28742 of 2015(3) dt.27-02-2023 2/2 prosecution has been allowed framing of alternative charge under Sections 302 and 34 of the Indian Penal Code against the petitioners although charges were framed under Sections 304(B) and 34 of the Indian Penal Code and trial has already been concluded.

It seems that the petitioners have lost interest in the matter.

Accordingly, the petition stands dismissed for nonprosecution with liberty to raise all the points before the Trial Court at an appropriate stage.

(Rajiv Roy, J) Neha/- U T