Patna High CourtCR. MISC./30209/2017withdrawn

Mahboob Alam v. Harendra Chandra Rabha And ORS.

2021-12-02The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30209 of 2017 Arising Out of PS. Case No.-14 Year-2010 Thana- KISHANGAANJ RAIL P.S. DistrictKatihar ====================================================== Mahboob Alam, son of Late Abdul Hakim, resident of Village- Siwanandpur, Police Station- Abadpur, District- Katihar Bihar. ... ... Petitioner/s

Versus

Harendra Chandra Rabha, S/o Late Linga Rabha, R/o Misamukh, P.O.- Misa, P.S.- Uluwani, District- Nauyaon Assam. 2.

The State of Bihar 3.

Railway Protection Force Katihar, through its Superintendent of RPF, Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-12-2021 The petitioner has prayed for the following relief/s :- "That this application on behalf of petitioner above named, is for quashing of order taking cognizance dated 14.02.2011 under section 144, 323, 504, 353 and 341 of Indian Penal Code passed in Kishanganj Rail P.S. Case No. 14/2010 by learned Judicial Magistrate Railway, Katihar and during pendency of this case stay the proceeding of Kishanganj P.S. Case No. 14/2010 pending before learned Judicial Magistrate Railway Katihar."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Permission granted.

The petition stands dismissed as withdrawn.

Since these matters were listed pursuant to the

Patna High Court CR. MISC. No.30209 of 2017 dt.02-12-2021 2/2 direction issued by Hon'ble the Apex Court in Writ Petition (Civil) No.699 of 2016 titled as Ashwini Kumar Upadhyay Vs. Union of India and Anr. vide order dated 25.08.2021, the Registrar General of this Court shall inform the trial Court of the withdrawal of the present petition.

We notice that the First Information Report was registered in the year 2010 and, as such, direct the trial to be expedited.

The Registrar General shall also apprise the trial court on such fact.

We only hope and expect the parties to fully cooperate; not take any unnecessary adjournment; and lead their evidence, if possible, on day to day basis.

The trial court shall send status as also the progress report to the Registrar General after a period of two months. Such report shall be placed on the administrative side. Petition stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/Ashwini AFR/NAFR CAV DATE Uploading Date 06.12.2021 Transmission Date