Shiv Shakti Kumar @ Paran Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25397 of 2015 Arising Out of PS. Case No.-27 Year-2013 Thana- MAHILA PS District- Jehanabad ====================================================== Shiv Shakti Kumar @ Paran Paswan son of Arjun Paswan Resident of Village - Ranisarai, P.S. - Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Niru Kumari D/o Sri Mahesh Paswan Resident of Village - Larasha, P.S. - Parasbigha, District - Jehanabad.

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.S.Eheteshmuddin app ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-02-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing the order dated 23.03.2015 passed by the learned Sessions Judge, Jehanabad in S.T. No. 367 of 2014 arising out of Mahila Thana P.S. Case No. 27 of 2013. Learned counsel for the petitioner submitted that by order dated 23.03.2015 the discharge application of the petitioner has been dismissed. He further submits that, though, the case of the petitioner has been mentioned but there was no consideration by the Court below on the points raised for discharge.

Patna High Court CR. MISC. No.25397 of 2015(2) dt.14-02-2023 2/2 I have gone through the contents of the order and the submission of the learned counsel for the petitioner is correct. This Court is of the opinion that any order which does not deal with the contention of the parties is no order in the eye of law.

In these circumstances, this application is allowed. The order dated 23.03.2015 is set aside and the matter is remitted back to the Court below for fresh consideration, in accordance with law.

(Sandeep Kumar, J) Vikas/- U