Nand Kishore Singh And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48966 of 2014 Arising Out of Complaint Case No.-2842 Year-2011 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Nand Kishore Singh, Son of Late Ratan Singh 2.

Sunaina Devi Wife of Nand Kishore Singh 3.

Dilip Kumar @ Dilip Kumar Singh Son of Nand Kishore Singh 4.

Ajit Singh @ Ajit Kumar Singh Son of Nand Kishore Singh All above are residents of Village - Lakshmiganj, Police Station - Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Bindu Devi, Wife of Rajesh Singh, Daughter of Sudist Singh, Resident of Village- Hajipur, Police Station- Kesariya, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha and Mr. Ram Binod Singh, Advocates For the State :

Dr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-03-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

"That this application is being preferred on behalf of the petitioners above named for quashing of the order dated 07.02.2014 passed by the District & Sessions Judge, Motihari in Cr. Misc. No. 39 of 2013, whereby the discharge

Patna High Court CR. MISC. No.48966 of 2014 dt.11-03-2019 2/2 petition filed by the petitioners under section 245 of the Cr. P.C. has been rejected."

3. After some arguments, learned counsel for the petitioners submitted that he may be permitted to withdraw the application to move before the Court below itself at the appropriate stage.

4. Learned A.P.P. for the State does not oppose.

5. In view thereof, the application stands disposed off as withdrawn with liberty aforesaid.

6. If the petitioners file an application at the appropriate stage before the Court below itself, the same shall be considered and disposed off, in accordance with law, on its own merits, without being prejudiced by the present order. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T