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Patna High CourtCR. MISC./40198/2016withdrawn

Ezazul Rahman @ Ezazur Rahman v. State Of Bihar And ANR

2024-02-13Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40198 of 2016 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Ezazul Rahman @ Ezazur Rahman son of Sk. Bachu resident of village - Kusmahawa, Police Station - Dhaka, District - East Champaran. ... ... Petitioner/s

Versus

1.

State of Bihar and Anr 2.

Shamima Begum daughter of Abdul Sakur resident of village Phulwariya, Police Station - Dhaka, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-02-2024

1. After short argument, it is submitted by learned counsel that he may be permitted to withdraw the present petition as inadvertently, same has been filed under Section 482 of the Code of Criminal Procedure. It is further submitted that the impugned order arises out of proceedings under section 125 of Cr.P.C., which to be challenged as per provision laid down under Section 19(4) of the Family Court Act, 1984, where the matter be filed under the caption of "Criminal Revision".

2. Considering the aforesaid submissions, the present petition stands dismissed as withdrawn with liberty to file "Criminal Revision", as submitted above.

3. At this stage, learned counsel submitted that he may

Patna High Court CR. MISC. No.40198 of 2016(6) dt.13-02-2024 2/2 be permitted to obtain certified copy annexed with this petition.

4. In view of submissions, office is directed to supply the certified copy to learned counsel for the petitioner in terms of provision as it is available under Patna High Court Rules. (Chandra Shekhar Jha, J) Archana/- U T