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Patna High CourtCR. MISC./45262/2018dismissed

Krishna Kumar Thakur v. The State Of Bihar And ORS

2023-02-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45262 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Krishna Kumar Thakur Son of Late Harinandan Thakur Resident of Village - Patsara, Police Station - Pear, O.P. - Matha, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rakesh Thakur 3.

Mukesh Thakur 4.

Fanish Thakur @ Chunnu 2 to 4 are Sons of Late Baidyanath Thakur Resident of Village - Patsara, Police Station - Pear, O.P. - Matha, District - Muzaffarpur.

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

For the Petitioner/s :

Mr.Devi Das Srivastava, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2023 The present petition has been filed seeking the following relief:- "1.That this application is an application on behalf of the petitioner for quashing the order dated 20.03.2018 passed in Criminal Revision No. 125 of 2017 by the learned Session Judge, Muzaffarpur, whereby and whereunder the learned Session Judge, Muzaffarpur, dismissed the case of the petitioner holding that order dated 25.02.2017 passed in Case No. 2558 of 2016 a proceeding under Section 144

Patna High Court CR. MISC. No.45262 of 2018(2) dt.02-02-2023 2/2 of the Code of Criminal Procedure does not remain in force more than two months, and hence the revision case of the petitioner become infructuous."

At the outset, the learned counsel for the petitioner seeks not to press the present petition, however, seeks liberty on behalf of the petitioner to approach the competent Civil Court for grant of appropriate relief.

Accordingly, the present petition stands dismissed as not pressed, however, with liberty to the petitioner to take recourse to such remedies as are otherwise available under the law including that of filing a civil suit.

(Mohit Kumar Shah, J) S.Sb/Saurav U T