Ayub Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24526 of 2017 Arising Out of PS.Case No. -9 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Ayub Khan son of Aliullah Khan, resident of village- Sonadi, Police Station- Bhaluani, District- Deoriya (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shaida Khatoon wife of Ayub Khan, daughter of Rahmat Ali, resident of village- Sonadi, Police Station- Bhaluani, District- Deoriya (U.P.). At present resident of village- Rautari, Police Station- Bijaipur, District- Gopalganj.

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

For the Petitioner/s : Mr. Binay Kumar, Advocate For the State : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-02-2018 This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 22.09.2014 passed by the learned Additional Chief Judicial Magistrate, Gopalganj in connection with Complaint Case No.09 of 2014 (Trial No.790 of 2016) by which cognizance has been taken under Section 498A of the Indian Penal Code against the petitioner.

After some arguments, learned counsel for the petitioner seeks leave to withdraw the present application in order to file an application under Section 210 of the Code of Criminal Procedure before the court below in view of the fact that in respect of the same offence there is a complaint case and police investigation

Patna High Court Cr.Misc. No.24526 of 2017 (2) dt.16-02-2018 2/2 also.

Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J) Md.S./- U T