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Patna High CourtCR. MISC./31953/2023disposed

Chandra Bhushan Singh v. The State Of Bihar

2024-04-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31953 of 2023 Arising Out of PS. Case No.-217 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Chandra Bhushan Singh Son Of Late Sajjan Singh Resident Of Village - Dunhi, P.S.- Garhpura, District - Begusarai.

2.

Prashant Kumar Son of Late Shashi Bhushan Singh @ Shashi Bhushan Prasad Singh Resident of village - Dunhi, P.S.- Garhpura, District - Begusarai.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Subodh Kumar Singh Son of Late Madhu Singh @ Madhu Sudan Singh Resident of village - Dunhi, P.S.- Garhpura, District - Begusarai. Presently residing at Mohalla Suhidranagar, Ward No.- 29, P.W.- Town, District - Begusarai.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Shivam, Advocate For the Opposite Party :

Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2024 This application has been filed for quashing order dated 26.3.2021, passed by Judicial Magistrate, 1st Class. Begusarai in Complaint Case No. 217C/2021 whereby cognizance of the offence under sections 323, 341, 504 and 417 of the Indian Penal Code has been taken against all the accused persons including the petitioners and they have been summoned for their appearance.

2. Second supplementary affidavit has been filed by the petitioner bringing on record the fact that during pendency of this quashing application, opposite party no.2 who is complainant in the case, expired on 22.2.2024.

3. In that view of the matter, this application is disposed of with liberty to the petitioner to file fresh application before the court below which would be disposed of in

Patna High Court CR. MISC. No.31953 of 2023(5) dt.15-04-2024 2/2 accordance with law after hearing the parties within a period of three months from the date of filing of the application by the petitioner.

(Prabhat Kumar Singh, J) Shashi U T