Vivek Kumar @ Vivek Kumar Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43722 of 2018 Arising Out of PS. Case No.-53 Year-2012 Thana- KACCHWA District- Rohtas ====================================================== Vivek Kumar @ Vivek Kumar Mishra Son of late Upendra Mishra Resident of Village- Mahrajganj, P.S.- Kachhawan, District- Rohtas. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Dipak Mishra Son of Fulan Mishra Resident of Village- Mahrajgaj, P.S. Kachhawan, District- Rohtas.

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The present application has been filed under Section 482 of the Cr.P.C. for quashing of the order taking cognizance dated 20.12.2017 in connection with Kachhawan P.S. Case No.53 of 2012, to the extant that cognizance has not been taken by the learned Sub-Judge-I-cum-Additional Chief Judicial Magistrate, Bikramganj against O.P. No.2.

3. It has been informed by the learned District Court vide letter dated 02.02.2023 that the trial has already progressed and is at the stage of evidence in connection with Kachhawan P.S. Case No.53 of 2012.

Patna High Court CR. MISC. No.43722 of 2018(3) dt.18-09-2025 2/2

4. In view of the changed stage of trial, the present quashing application stands consigned with liberty to the petitioner to avail appropriate remedy.

(Purnendu Singh, J) Ashishsingh/- U T