Patna High CourtCR. MISC./53116/2013dismissed

Krishna Kant Singh And ORS. v. The State Of Bihar

2017-01-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53116 of 2013 Arising Out of PS.Case No. -264 Year- 2011 Thana -NAWADA District- NAWADA ======================================================

1. Krishna Kant Singh Son Of Ram Swaroop Singh Resident Of Siswan, P.S. Nawada, District - Nawada

2. Niranjan Kumar @ Chitranjan Kumar Son Of Krishna Kant Singh Resident Of Siswan, P.S. Nawada, District - Nawada

3. Somar Singh Son Of Surendra Singh Resident Of Siswan, P.S. Nawada, District - Nawada

4. Gulshan Kumar Son Of Surendra Singh Resident Of Siswan, P.S. Nawada, District - Nawada

5. Santosh Kumar Son Of Suryadeo Singh Resident Of Siswan, P.S. Nawada, District - Nawada .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar For the Opposite Party/s : Mr. Mayanand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2017 From perusal of the record, it appears that the present application has been filed for quashing order dated 28.01.2013 passed in Nawada Town P.S.Case No.264 of 2011 S. Tr. 184 of 2013, by which cognizance has been taken under Sections 341, 323, 326, 307, 379 & 504/34 of the Indian Penal Code. From perusal of the record, it appears that the case has been committed and the case is pending for trial and the aforesaid fact also appears from Para-1 of the application, wherein it is mentioned that the case is pending for trial. Learned counsel for the petitioners submits that order

Patna High Court Cr.Misc. No.53116 of 2013 (2) dt.25-01-2017 2/2 taking cognizance has been challenged by them, however, considering the aforesaid facts, in my opinion, this application has become infractuous as the trial has already been proceeded. Heard learned A.P.P. also.

In view of the discussions as made above, this application is dismissed with liberty to the petitioners that if they have any grievances, to raise all these points at the time of trial. (Vinod Kumar Sinha, J) chn/- U