Harihar Roy And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20462 of 2014 Arising Out of PS. Case No.-63 Year-2011 Thana- PATLIPUTRA District- Patna ======================================================

1. Harihar Roy Son of Late Mahendra Roy

2. Santosh Kumar Roy

3. Sonu Kumar Roy Both sons of Harihar Roy

4. Jyoti Sharma W/o Santosh Kumar Roy All resident of Indrapuri, Road no. 2A/18, P.S- Pataliputra, District- Patna. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Pankaj Kumar Sinha Son of Dr. Shailendra Kumar Sinha resident of VillageKurji Malti Market, Police Station Digha, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baban Roy with Mrs. Prem Singh, Advocates For the State :

Mr. Jharkhandi Upadhyay, APP For the O. P. No. 2 :

Mrs. Anuradha Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-02-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:

"That the present application is being filed for quashing of the order dated 13.03.2014, passed by the learned Judicial Magistrate Sri A. K. Ram, Patna in Patliputra Police Station Case No. 63 of 2011 by which the application filed under Section 245 of the Code of Criminal Procedure has been dismissed, which has been filed to discharge the petitioners in abovesaid case."

Patna High Court Cr.Misc. No.20462 of 2014 dt.22-02-2019 2/2

3. Learned counsel for the petitioners, at the very outset, submitted that in view of charges having been framed against the petitioners during the pendency of the application, they may be permitted to withdraw the present application with liberty to assail the subsequent order before the appropriate forum, in accordance with law.

4. In view thereof, as prayed for by learned counsel for the petitioners, the application stands disposed off as withdrawn with liberty aforesaid.

5. If the petitioners file any application with regard to any subsequent order which may have been passed by the Court below, the same shall be considered and disposed off, in accordance with law, on its own merits without being prejudiced by the present order.

6. Let the case diary be returned forthwith.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T