Manoj Kumar Sah And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2062 of 2015 Arising Out of P.S. Case No.-50 Year-2013 Thana- ARER District- Madhubani ====================================================== 1.

Manoj Kumar Sah, S/o Subaran Sah, Resident of Village- Karhitoli, P.S.- Arer, District- Madhubani.

2.

Vishwanath Mandal, S/o Bindeshwar Mandal, resident of Village- Bhakshi Dakshin Tola, P.S. and District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lallan Kumar Sah S/o Ram Bilash Sah @ Aklu Sah resident of VillageDullipatti, P.S.- Arer, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the State :

Mr. Anant Kumar, APP for the Opposite Party/s :

Mr. Rajesh Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 10-04-2019 Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the opposite party no. 2.

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

"That, this application has been filed for quashing of the order dated 23-102013 passed in connection with Arer P.S. Case No. 50/13 corresponding to GR No.

1128/13 passed by learned Chief Judicial Magistrate, Madhubani whereby and where under he has found prima facie case against both the petitioners under Sections 406, 420 of Indian Penal Code and accordingly took cognizance of the offences under the

Patna High Court CR. MISC. No.2062 of 2015(4) dt.10-04-2019 2/2 aforesaid sections and transferred the case to the court of Sri Subir Kumar learned Judicial Magistrate 1st Class at Madhubani."

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

4. In view thereof, as prayed for by learned counsel for the petitioners, the application stands disposed off as withdrawn with liberty aforesaid.

(Ahsanuddin Amanullah, J.) P. Kumar U T