Mansoor Alam @ Thikedar Mansoor Mian v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13002 of 2018 Arising Out of PS. Case No.-132 Year-2016 Thana- BAGHA District- West Champaran ====================================================== Mansoor Alam @ Thikedar Mansoor Mian S/o Late Reyasat Mian, R/o Deoarua Rudalpur, P.S.- Yogapatti, District- West Champaran. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Amin Mian, S/o Late Kaviran Mian, Resident of Rudalpur, P.S.- Yogapatti, District- West Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2024
1. Heard the learned counsel for the petitioner and the learned APP for the State.
2. The learned counsel for the petitioner vehemently argued that it is not a case under Section 304 of the Indian Penal Code read with other sections. It is next submitted that the victim was a worker, who died on account of electrocution, later his father instituted the present false case with a view to seek compensation from the Department of Electricity and also from the petitioner.
3. The learned APP Mr. Chandra Bhushan Prasad opposes the submissions made by the learned counsel for the petitioner and submits that if what has been submitted by the
Patna High Court CR. MISC. No.13002 of 2018(2) dt.08-01-2024 2/2 learned counsel for the petitioner is true in that event he will have better opportunity to raise all the issues at the time of framing of charge. At this stage, the learned counsel for the petitioner seeks permission to withdraw the present quashing application with liberty to raise all the issues at the time of framing of charge, if charges till date has not been framed.
4. Permission is accorded.
5. The present quashing application is dismissed as withdrawn with aforesaid liberty.
(Satyavrat Verma, J) amit/- U T