Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35823 of 2014 Arising Out of PS.Case No. -535 Year- 2013 Thana -BETTIAH TOWN District- WESTCHAMPARAN(BETTIAH) ====================================================== Vijay Kumar Son of Banka Mahto Viyogi, Resident of Village - Mamarkha, P.S. - Malahi, District - East Champaran, presently resident of Bettiah, West Champaran .... Petitioner

Versus

1. The State of Bihar and

2. Shamim Akhtar s/o Late Md. Shati resident of village Mahawat toil, s Nagar Bettiah, District west Champaran .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anand Kishore Choudhary, Advocate For the State : Pushpa Sinha 2, Advocate For the opp. party no.2 : Mr. Arbind Kumar Sinha, Advocate & Mr. M. Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner, the State as well as learned counsel appearing for the opposite party no.2. Instant application has been field for quashing of the FIR of Bettiah Town Police Station Case No. 535 of 2013 dated 19.8.2013, for offence under sections 406 and 420 of the IPC. Report of the Chief Judicial Magistrate, West Champaran dated 8.1.2018 is on record at flag X. It has been reported that on 21.8.2017 charge sheet has been submitted in this case and cognizance of the offence has been taken under order dated 28.10.2017.

In view of the aforesaid development, this application is dismissed.

Petitioner would be at liberty to assail the order taking cognizance in a separate proceeding.

(Madhuresh Prasad, J) Shashi.

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