Nihad Alam @ Md. Nihad Alam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44630 of 2017 Arising Out of PS. Case No.-751 Year-2016 Thana- ARARIA District- Araria ====================================================== Nihad Alam @ Md. Nihad Alam son of Md. Kasim, resident of Village Hayatpur, P.S.- Araria R.S., District- Araria. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Shiv Shankar Kumar Drug Inspector, Araria, P.S. and District- Araria. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Nand Poddar For the Opposite Party/s :
Mr. Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. On query of the Court with regard to the stage of the case, the learned counsel for the petitioner submitted that despite his best endeavour, he could not contact the petitioner nor the petitioner, ever in these six years, has contacted him, as such, he is not in a position to state about the stage of the case.
3. The learned Additional P. P. submits that the present quashing application has been filed seeking quashing of the order dated 07.07.2017 passed by the learned 1st Additional Sessions Judge, Araria in Special Case No.41 of 2016 (N.D.P.S.) in connection with Araria R.S.-P. S. Case No. 751 of 2016, whereby the application filed under Section 227 of the Cr.P.C.
Patna High Court CR. MISC. No.44630 of 2017(2) dt.09-11-2023 2/2 seeking discharge has been rejected. It is next submitted that much water has flown after the application seeking discharge was rejected. It is next submitted that if the Court interferes and the stage of the case has changed, then in that event, the entire effort of the Court would go futile.
4. Considering the submission made by the learned Additional P. P., the Court is not inclined to entertain the quashing application.
5. The quashing application is rejected accordingly. (Satyavrat Verma, J) vikash/- U T