Kashi Giri @ Kashi Nath Giri And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3324 of 2015 Arising Out of Complaint Case No.-253 Year-2008 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== 1.

Kashi Giri @ Kashi Nath Giri, Son of Shankar Giri. 2.

Moti Devi, Wife of Kashi Giri.

3.

Tunna Giri, Son of Kashi Giri, All are Resident of Village-Chaurasi Mathia, P.S-Suryapura, District-Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reeta Devi, Wife of Mukesh Giri, D/o Ramdas Giri, at present Village-Mai, Post-Panti, P.S-Raffiganj, District-Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 26-04-2019 Heard learned counsel for the petitioners and learned APP 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 is an application for quashing of the order taking cognizance under Section 498(A) of the Indian Penal Code dated 29.01.2009 passed by the learned S.D.J.M., Aurangabad, which is arising out of a Complaint Case No. 253/2008 preferred by the O.P. No. 2, pending in the court of learned S.D.J.M., Aurangabad, in a most mechanical manner without any basis and in a total nonapplication of judicious mind."

Patna High Court CR. MISC. No.3324 of 2015(3) dt.26-04-2019 2/2

3. Earlier by order dated 01.08.2018, the Court had called for a report with regard to the present stage of the case and the entire ordersheet of Complaint Case No. 253 of 2008. The same has been received from the Court of learned SDJM, Aurangabad under Letter No. 130 dated 08.08.2018, stating that the case is at the stage of final argument, since 23.06.2018.

4. In view thereof, learned counsel for the petitioners submitted that he may be permitted to withdraw the application.

5. Accordingly, as prayed for by learned counsel for the petitioners, the application stands disposed off as withdrawn. (Ahsanuddin Amanullah, J.) Anand Kr.

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