Deepak Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19873 of 2014 Arising Out of PS.Case No. -366 Year- 2011 Thana -GANDHIMAIDAN District- PATNA ====================================================== Deepak Kumar S/o Sri Raghuvansh Thakur Resident of village- Muski Khusrupur, Police Station- Khusrupr, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kaushal Kumar S/o Late Ishwar Chandra Prasad Resident of MohallaPaijawapar ( Behind of Kali Mandir), Ward No. 20, Police Station- Barh, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. D.N. Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-08-2016 Heard Sri Ajay Mukherjee, learned counsel for the petitioner, Sri D.N. Tiwary, learned A.P.P. as well as Sri Vijay Anand , learned counsel who has voluntarily appeared on behalf of the informant.

The sole petitioner has approached this court for quashing of an order dated 26.2.2014 passed by Sri Ashutosh Khetan, learned Judicial Magistrate, Patna in Gandhi Maidan P.S. Case No. 366 of 2011. By the said order petition filed on behalf of the petitioner under section 239 of the Cr.P.C. for his discharge was rejected.

At the very outset learned counsel for the informant

Patna High Court Cr.Misc. No.19873 of 2014 (2) dt.09-08-2016 2/2 submits that after rejection of discharge petition charges were framed and trial has commenced and till date altogether five witnesses have already been examined.

In view of the fact that after rejection of discharge petition, trial has already commenced, there is no reason to keep the matter pending.

The petition stands disposed of.

(Rakesh Kumar, J) Praful/- U T