Manish Raaj v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46617 of 2017 Arising Out of PS. Case No.-238 Year-2008 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Manish Raaj son of Late Madan Murari Prasad, Resident of Flat No. 306, Surya Laxmi Villa, Ram Jaipal Nagar, P.S. Rupaspur, Bailey Road, Patna 801502 ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Shambhu Kumar Agarwal, son of Sri Girdhari Lal Agarwal, resident of Village and P.S. Sahebganj, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakti Suman Kumar, Adv For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2023 1.
Heard learned counsel for the petitioner and learned APP.
2.
The learned counsel for the petitioner submits that the present quashing application has been filed seeking quashing of the order dated 18-4-2017 passed in complaint case no. C238 of 2008, Tr No. 4267 of 2017 by the learned SDJM, WestMuzaffarpur, whereby cognizance of offences has been taken under Section 420 of the IPC.
3.
The learned counsel for the petitioner next submits that during pendency of the quashing application, he received instruction that the complaint case has been dismissed for noncompliance of the direction of the learned trial court to file
Patna High Court CR. MISC. No.46617 of 2017(2) dt.09-11-2023 2/2 requisites for summoning the petitioner.
4.
It is next submitted that as such the present quashing application has become infructuous and thus learned counsel seeks permission to withdraw the quashing application with liberty to file a fresh application, if the complaint petition is restored.
5.
Permission is accorded.
6.
Accordingly, the present quashing application is dismissed as withdrawn.
(Satyavrat Verma, J) SUMIT/- U T