Dolly Sinha And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9465 of 2017 Arising Out of PS. Case No.-443 Year-2014 Thana- SHRIKRISHNAPURI District- Patna ====================================================== 1.
Dolly Sinha and Anr Wife of Sudhir Kumar.
2.
Sudhir Kumar, Son of Ram Chandra Singh, Both are resident of Village /Mohalla- Merwa, P.S.- Karaiparsurai, District- Nalanda and at present residing at Jai Prakash Nagar, Dopulwa, P.S- Jakkanpur, District- Patna. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Ajit Kumar Singh, Son of Sri Vibhuti Prasad Singh, resident of MohallaAdarsh Colony, Road No. 1, P.S.- Ram Krishna Nagar, District- Patna, At present resident of Shanti Kuber 2nd floor, Dwarika Mandir Lane, Boring Canal Road, Patna, P.S. Sri Krishnapuri, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar For the Opposite Party/s :
Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners, after arguing vehemently, seeks permission to withdraw the present quashing application with a liberty to raise all the issues at the time of framing of charges as it has been submitted that the dispute is purely civil to which a criminal colour has been given.
3. Learned counsel next submits that he is aware of his limitation in challenging the order of cognizance but submits that, at the stage of the charge, the Court has wider power to
Patna High Court CR. MISC. No.9465 of 2017(2) dt.20-09-2023 2/2 examine all the evidences on record to arrive at a conclusion whether trial is warranted for the accused or not.
4. Permission is accorded.
5. Accordingly, the present quashing application is dismissed as withdrawn.
(Satyavrat Verma, J) HarshPandey/- U T