Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9142 of 2015 Arising Out of PS.Case No. -46 Year- 2013 Thana -NAYAGAON District- BEGUSARAI ====================================================== Avinash Kumar S/o Pawan Kumar @ Babloo Singh Resident of Village Mahmadpur Gautam, Police Station Nayagaon in the District of Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Satyaverat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-05-2017 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Anil Kumar Singh, learned A.P.P. The present application has been filed for quashing the order dated 19.12.2014 passed by learned Judicial Magistrate, 1st Class, Begusarai in Nayagaon P.S. Case No. 46 of 2013, whereby the processes were directed to be issued after cognizance being taken for the offences under Sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of the Arms Act.

A supplementary affidavit has been filed to the effect that charge has still not been framed. After some arguments, learned counsel for the petitioner seeks permission to withdraw the application to raise all

Patna High Court Cr.Misc. No.9142 of 2015 (2) dt.08-05-2017 2/2 the contentions at the stage of framing of the charge. Accordingly, the application is disposed of as withdrawn with liberty to the petitioner to raise all the contentions at the stage of framing of charge, if the charge has not been framed.

(Dinesh Kumar Singh, J) Shageer/- U T