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Patna High CourtCR. MISC./48449/2014withdrawn

Basuki Nath Jha v. State Of Bihar And ANR

2019-03-06Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48449 of 2014 Arising Out of Case No.-1544 Year-2003 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Basuki Nath Jha S/o Late Indrakant Jha Resident of Village Basaith, P.S. Benipatti, District Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shailendra Kumar Singh S/o Late Yadav Prasad Singh Resident of Village Jogiara, P.S. Jale, District Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-03-2019 Heard learned counsel for the petitioner and 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 of the order dated 23-11-2004 passed in C. R. No. 1544 of 2003 Corresponding to TR No. 1061 of 2014 passed by learned Sub Divisional Judicial Magistrate, Madhubani, whereby and where under he has found the prima facie case under section 420 of I.P.C. read with Section 138 of Negotiable Instrument Act 1881 against the petitioner and accordingly issued summons to him."

3. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the

Patna High Court CR. MISC. No.48449 of 2014 dt.06-03-2019 2/2 application with liberty to move before the Court below itself at the appropriate stage.

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 In view thereof, as prayed for by learned counsel for the petitioner, the application stands disposed off as withdrawn with liberty aforesaid.

5. If any application is filed by the petitioner before the Court below at the appropriate stage, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.

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