Suresh Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27645 of 2012 ====================================================== Suresh Prasad S/O Late Akhileshwar Prasad Resident Of Udayman Apartment Flat No. 502, Boring Road, P.S- Sri Krishnapuri, District- Patna. .... .... Petitioner/s

Versus

1. State Of Bihar

2. Rabindra Singh M/S Raj Construction, Resident Of Rajendra Lane, P.SShastri Nagar, District- Patna. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 27-03-2015 Learned counsel for the Opposite Party No.2 submits on the basis of the counter affidavit filed by him that the present quashing application has become infructuous as it has been filed against the order taking cognizance whereas after the order taking cognizance and issuance of summons the case has proceeded and not only the charge has been framed and witnesses of the complainant have been examined but subsequently the statement of the accused petitioner has also been taken under Section 313 Cr.P.C. on 8.7.2014 and the case is running to examine the defence witnesses before the court below. Learned counsel for the petitioner is unable to meet the aforesaid contention.

The application is, accordingly, dismissed as infructuous.

(Ramesh Kumar Datta, J) S.Pandey/- U