Tuntun Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30620 of 2017 Arising Out of PS. Case No.-262 Year-2013 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.
Tuntun Das and Ors S/o Late Jhari Lal Das, 2.
Rajendra Das, S/o Late Jhari Lal Das, 3.
Naveen Kumar, S/o Tuntun Das, All are resident of Village- Baghi Girdi Tola, P.S.- Nagar Lohiyanagar O.P., District- Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-04-2023 Heard the parties.
This application has been filed for quashing the order dated 04.04.2017 passed in Cr. Revision No. 423 of 2017 passed by learned Additional Sessions Judge, 7th Regusarai by which order dated 23.07.2015 passed in Begusarai (Town) P.S. Case No. 262 of 2013 by Sub-Divisional Judicial Magistrate, Begusarai by which application under Section 239 of Cr.P.C. was rejected, was confirmed.
The prosecution story in short is that on 10.05.2013 at about 10.00 hours in the morning, there was a dispute between the informant and the accused persons regarding the land and accused Tuntun Das has taken pistol and abused them to whom
Patna High Court CR. MISC. No.30620 of 2017(2) dt.18-04-2023 2/2 Anandi Das brother of the informant came forward and forbade the accused persons. On this, the accused persons have assaulted him and informant and his brother have snatched the pistol from the accused.
It has been jointly submitted by both the parties that the parties will be satisfied if the case (Begusarai {Town} P.S. Case No. 262 of 2013) and counter case (Begusarai {Town} P.S. Case No. 262 of 2013) both shall quashed by this Court. In view of the aforesaid submission of the parties, the Begusarai (Town) P.S. Case No. 262 of 2013 pending in the Court of S.D.J.M. Begusarai and the Begusarai (Town) P.S. Case No. 262 of 2013 pending in the Court of S.D.J.M. Begusarai/ Judicial Magistrate are hereby quashed. The entire proceeding in both the aforesaid F.I.R. against all the accused persons is hereby quashed. (Sandeep Kumar, J) Shishir/Vikas U