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Patna High CourtCR. REV./483/2021withdrawn

Vidyanand Giri v. The State Of Bihar

2024-05-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.483 of 2021 Arising Out of PS. Case No.-1 Year-2010 Thana- PAHARPUR District- East Champaran ====================================================== Vidyanand Giri Son Of Thakur Giri Resident Of At- Ganga Pipra, P.S.- Paharpur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lal Saheb Giri Son of Rajendra Giri Resident of At- Ganga pipra, P.S.- Paharur, District- East Champaran.

3.

Mukund Giri Son of Rajendra Giri Resident of At- Ganga pipra, P.S.- Paharur, District- East Champaran.

4.

Arvind Giri Son of Rajeshwar Giri Resident of At- Ganga pipra, P.S.- Paharur, District- East Champaran.

5.

Rajendra Giri Son of Late Jokhu Giri Resident of At- Ganga pipra, P.S.- Paharur, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar For the Respondent/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-05-2024 This instant application has been filed for quashing the judgment/order dated 22.02.2021 passed in Case No. 75M of 2011 by the court of learned Sub-Divisional Magistrate, Areraj, East Champaran by which under the initiation of proceeding under section 145 of the Code of Criminal Procedure on the basis of report of Station House Officer Pahapur Police Station in connection with Non F.I.R. Case No. 01 of 2010, arising out of complaint given by the petitioner has been disposed of observing that either of the parties may approach to contempt

Patna High Court CR. REV. No.483 of 2021(2) dt.07-05-2024 2/2 Court of civil jurisdiction in regard to dispute in question.

2. Learned counsel for the petitioner submits that petitioner has an alternative remedy of revision before the District and Sessions Judge, East Champaran, Motihari and hence, he seeks permission to withdraw this application.

3. Permission is accorded.

4. Accordingly, this application is dismissed as withdrawn with liberty to the petitioner to approach the District and Sessions Judge, East Champaran, Motihari against the impugned order within one month.

5. If such an application is filed before the District and Sessions Judge, East Champaran, Motihari within one month then the same shall be heard on merits. (Sandeep Kumar, J) Shishir/- U