Patna High CourtCR. MISC./48624/2014disposed

Neeraj Kumar Srivastava v. The State Of Bihar

2019-04-09Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48624 of 2014 Arising Out of P.S. Case No.-5 Year-2012 Thana- JAKKANPUR District- Patna ====================================================== Neeraj Kumar Srivastava Son of Nirmal Kumar Shrivastava resident of Flat No. 203 Lalita Nikunj Apartment, B-Area, Mithapur, P.S. Jakkanpur, Patna, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate For the State :

Mr. Md. Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 09-04-2019 Heard Mr. Yogesh Chandra Verma, learned senior counsel assisted by Mr. Upendra Prasad II, for the petitioner and Mr. Md. Arif, learned A.P.P. for the State.

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

"That this is an application for quashing the order dated 18.06.2014 passed in Jakkanpur P.S. Case No. 5 of 2012 by Sri Ravi Ranjan the Learned Judicial Magistrate 1st, Class Patna where by and where under the Learned Judicial Magistrate had rejected the discharge petition of petitioner filed under Section 239 of the Code of Criminal Procedure, 1973."

3. After some arguments, learned counsel for the petitioner submitted that the matter may be disposed off with

Patna High Court CR. MISC. No.48624 of 2014(8) dt.09-04-2019 2/2 liberty to the petitioner to raise all points available to him, including those in the present application at the appropriate stage before the Court below itself.

4. Learned A.P.P. does not oppose.

5. In view thereof, as prayed for by learned counsel for the petitioner, the application stands disposed off with liberty aforesaid.

6. It goes without saying that if the petitioner files any application before the Court below, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) Anand Kr.

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