Nandan Kumar Mishra v. The State Of Bihar Through The Principal Secretary, Home Deptt, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.897 of 2019 Arising Out of PS. Case No.-141 Year-2015 Thana- GAYA KOTWALI District- Gaya ====================================================== Nandan Kumar Mishra Son of Shashikant Mishra Resident of VillageRamdhanpur, P.S.- Kotwali, Distt.- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Home Deptt, New Secretariat, Patna Bihar 2.

Rakhi Kumari D/o Jaganlal Chaoudhay Resident of Village - Telbigha, Domtoli, P.s.- Kotwali, Distt.- Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Thakur, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-06-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the FIR of Kotwali P.S. Case No.141 of 2015 dated 24.04.2015 registered under Section 376 read with 34 of the Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. After some arguments, learned counsel for the petitioner seeks leave to withdraw the present application with liberty to file an application before the court below regarding maintainability of the case before the Special Court.

Leave is granted.

The application is disposed of.

Md. S/- (Ashwani Kumar Singh, J) U T