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Patna High CourtCR. MISC./9119/2018disposed

Arbind Kumar Singh @ Murari Singh And ORS v. State Of Bihar And ANR

2019-12-21Mr. Justice Dr. Anil Kumar Upadhyay2 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9119 of 2018 Arising Out of PS. Case No.-273 Year-2016 Thana- NOKHA District- Rohtas ====================================================== 1.

Arbind Kumar Singh @ Murari Singh and Ors Son of Late Dwarika Prasad Singh.

2.

Manju Devi, Wife of Arbind Kumar Singh @ Murari Singh. 3.

Divya Kumari @ Priya Kumari, D/o Arbind Kumar Singh @ Murari Singh. 4.

Lalmuni Devi, Wife of Shyam Narayan Singh. All are the Resident of Village and Post- Baraon, Police Station- Nokha, District- Rohtas. ... ... Petitioner/s

Versus

1.

State Of Bihar.

2.

Amresh Singh, Son of Late Ramashankar Singh, Resident of Village and Post- Baraon, Police Station- Nokha, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners have filed this application against the order of cognizance dated 30.11.2017. He submits that the present case is basically civil dispute and order taking cognizance is abuse of process. The order taking cognizance dated 30.11.2017 i.e. more than two years back.

Considering the aforesaid, the present application is disposed of with liberty to the petitioners to file appropriate petition for discharge raising the plea of civil dispute and on

Patna High Court CR. MISC. No.9119 of 2018(2) dt.21-12-2019 2/2 filing of such application for discharge, the Court below shall pass appropriate order.

With the aforesaid, the present application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/kamlesh U T