Vivek Kumar Sharma @ Vivekanand And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12081 of 2017 Arising Out of PS. Case No.-404 Year-2010 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Vivek Kumar Sharma @ Vivekanand and Anr Sn of Late Nawal Kishore Sharma, Resident of Village-Pauthu, P.S.-Pauthu, District-Aurangabad, at Present Sri Krishna Nagar, P.O.-P.H.E.D. Colony, P.S.-Aurangabad Town, District-Aurangabad 2.

Devendra Sharma @ Devendra Kumar Singh, Son of Sukhdeo Sharma, Resident of Village-pauthu, Police Station-Pauthu, District Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-09-2023 Heard the learned counsel for the parties.

2. This is an application for quashing of the order dated 02.11.2016 passed in Aurangabad Town P.S. Case No. 404 of 2010 by learned C.J.M., Aurangabad.

3. After some argument, learned counsel for the petitioner/s seeks permission and is granted permission to withdraw this application with liberty to raise all the grounds at the stage of framing of charge.

4. If such an application is filed, the Court below will be obliged to consider the same in accordance with law and in view of the law laid down by Hon'ble Supreme Court in the

Patna High Court CR. MISC. No.12081 of 2017(2) dt.20-09-2023 2/2 case of Kanchan Kumar vs State of Bihar (2022) 9 SCC 577.

5. Accordingly, this application is dismissed as withdrawn.

(Sandeep Kumar, J) Shishir/- U T