Nand Gopal Pandey @ Fauji v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.30598 of 2014 (7) dt.21-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30598 of 2014 Arising Out of PS.Case No. -139 Year- 2012 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Nand Gopal Pandey @ Fauji Son of Late Ramjee Pandey Resident of Village-Jogiya, P.S.-Bikramganj, District-Rohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar

2. C.B.I. Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray, Adv For the Opposite Party/s : Mr. Dr.M.K. Gautam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-04-2015 Heard learned counsel for the petitioner as well as learned counsel representing CBI.

A preliminary objection has been raised at the end of CBI that as per Notification dated 12.07.2013, investigation has been handed over to the CBI. That being so, the proceeding is to be cared by the Special Judge so designated in stead of learned Sessions Judge before whom the petitioner had moved ABP No. 1692/2013 and after having been rejected therefrom, the instant petition has been filed.

At the present juncture, learned counsel for the petitioner fairly submits that he intends to withdraw the instant petition so that he could avail the opportunity afresh through proper designated court.

With the aforesaid liberty, the instant petition is dismissed as withdrawn.

perwez (Aditya Kumar Trivedi, J) U T