Patna High CourtCR. MISC./50732/2016disposed

Shyam Kishore Yadav v. State Of Bihar And ANR

2017-07-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50732 of 2016 Arising Out of PS.Case No. -196 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Shyam Kishore Yadav Son of Bechan Yadav, Resident of VillageKamalpur, Police Station Rahika, District- Madhubani. .... .... Petitioner

Versus

1. The State of Bihar.

2. Kavita Devi, Wife of Sanjay Safi, resident of Village- Kakraul, Uttari Tole- Kamalpur, Police Station- Rahika, District- Madhubani. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Jha, Advocate For the Opposite Party/s : Sri Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-07-2017 I. A. No. 1217 of 2017 The issue raised in the interlocutory application gives a separate cause of action for which the petitioner may file a fresh application under Section 482 of the Code of Criminal Procedure.

In that view of the matter, the interlocutory application is disposed of.

Cri. Misc. No. 50732 of 2016 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated

Patna High Court Cr.Misc. No.50732 of 2016 (2) dt.05-07-2017 2/2 13.05.2016 passed the learned Session Judge, Madhubani in Cri. Revision No. 416 of 2016/427 of 2016 whereby the revision petition filed by the petitioner against the order dated 25.01.2016 passed by learned ACJM-I, Madhubani in C.R. No. 196 of 2014 summoning the petitioner to face trial for the offence punishable under sections 354 and 379 of the Indian Penal Code, has been dismissed.

After some arguments, learned counsel for the petitioner seeks leave to withdraw the present application in order to raise all the points available to the petitioner at the stage of framing of charge.

Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- U T