Gauri Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40334 of 2019 Arising Out of PS. Case No.-58 Year-2015 Thana- SC/ST District- Kaimur (Bhabua) ====================================================== Gauri Shankar Kumar ,Son of Ramdhyan Sharma, A.B.M, M/s Cholamandalm Investment and Finance Corp. Ltd, Branch Office New Area Sasaram, Near Saint Josheph Public School, P.S.- Sasaram, District - Rohtas ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Gulab Chand Ram, Son of Ram Senhi Ram, Resident of Sikthi Akhalaspur, P.O.- Akhalaspur, P.S.- Bhabua, District- Kaimur (Bhabua), Bihar - 821101 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-08-2022 On call, none appears on behalf of the petitioner. From perusal of order-sheet, I find that on the last date of hearing, the learned counsel for the petitioner submitted that the petitioner had been discharged by the learned trial court and he would be withdrawing the petition after asserting the fact.

At the same time, it has also been pointed out by the learned APP that the instant petition is not maintainable as the same has been filed for quashing of the order of cognizance passed by learned Judicial Magistrate, Bhabhua at Kaimur in SC/ST Bhabhua P.S. Case No. 58 of 2015 whereas only an appeal under Section 14A (2) of the Scheduled Castes and

Patna High Court CR. MISC. No.40334 of 2019(7) dt.11-08-2022 2/2 Scheduled Tribes (Prevention of Atrocities) Act would be maintainable in the case.

Thereafter, at the request of the learned counsel for the petitioner, this matter has been listed today. However, no one has appeared on behalf of the petitioner.

In the light of the aforesaid facts and circumstances, the petition is dismissed for want of non-prosecution and, accordingly, disposed of.

(Arun Kumar Jha, J) Rajnish/- U T