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Patna High CourtCR. MISC./38012/2016disposed

Navnish Saurabh And ORS v. State Of Bihar And ANR

2017-08-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38012 of 2016 Arising Out of PS.Case No. -359 Year- 2015 Thana -PHULWARI District- PATNA ======================================================

1. Navnish Saurabh Son of Sri Vinod Kumar.

2. Vinod Kumar. Son of Sri N.K. Sinha.

3. Neelam Sinha Wife of Sri Vinod Kumar.

4. Pramod Kumar son of Sri N.K. Sinha All 1 to 4 are resident of Mohalla- Purnendu Nagar (Khoja Imli), Town and P.S.- Phulwarisharif, District- Patna.

5. Namrata @ Soni Wife of Sri Dhanjay Kumar, D/o Sri N.K. Sinha, resident of 1-836, Raj Legacy-II, Opp. Surya Nagar, Vikhroli West Mumbai- 400083.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Amrita Pritam daughter of Sri Akshay Kumar, Resident of MohallaNai Sarari, Bhadani Gali, P.S.- Biharsharif, District- Nalanda. .... .... Opposite Parties.

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

For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For Opposite Party No. 2 : Mr. Rajesh Kumar Singh, Advocate Mr. Lal Babu Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-08-2017 In the present application preferred under Section 482 of the Code of Criminal Procedure, a prayer has been made by the petitioners to quash the order dated 18.05.2016 passed by the learned Judicial Magistrate, 1st Class, Patna in Phulwarisharif P. S. Case No. 359 of 2015 by which cognizance has been taken

Patna High Court Cr.Misc. No.38012 of 2016 (2) dt.29-08-2017 2/2 for the offences punishable under Sections 323, 379, 498-A and 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act against the petitioner.

It has been brought to the notice of the Court that during the pendency of the present application, the petitioners filed an application under Section 239 of the Code of Criminal Procedure for discharge from the case, which has been dismissed by the learned Sub-Divisional Judicial Magistrate, Patna on 19.07.2017.

Having come to know about the subsequent order dated 19.07.2017, learned counsel for the petitioners seeks leave to withdraw the present application in order to challenge the aforestated order dated 19.07.2017 before this Court by filing an appropriate application.

Leave is granted.

The application is disposed of.

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