Monu Kumar @ Monu @ Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No. 250 of 2018 Arising Out of P.S. Case No.-312 Year-2017 Thana- BIHARSHARIF District- Nalanda ====================================================== Monu Kumar @ Monu @ Mukesh Kumar Singh Son of Sudhir Prasad @ Sudhir Kumar Singh @ Sudhir Kumar Resident of Anand Nagar Dekuli Ghat Garhper, P.S. Bihar, Town District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has moved the Court under Section 397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), against the order dated 18.12.2017 passed by the Special Judge (Excise), Nalanda at Biharsharif in Bihar PS Case No. 312 of 2017, by which the petition filed by him for discharge under Section 228 of the Code has been rejected.

3. After some arguments, learned counsel for the petitioner submitted that the matter be disposed off with liberty to raise all his objection before the Court below itself at the appropriate stage.

Patna High Court CR. REV. No.250 of 2018 dt.25-10-2019 2/2

4. In view thereof, the application stands disposed off with liberty aforesaid.

5. It goes without saying that if any application is filed by the petitioner at the appropriate stage before the Court below, the same shall be considered and disposed off on its own merits, without being prejudiced by the present order. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T