Rajesh Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30766 of 2014 Arising Out of PS.Case No. -379 Year- 2008 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Rajesh Kumar Son of Ganga Prasad @ Ganga Sagar Prasad

2. Suresh Prasad Son of Ganga Prasad @ Ganga Sagar Prasad

3. Ganga Prasad @ Ganga Sagar Prasad Son of Janki Prasad All Resident of village- Sirsa dighwa Dubauli Bazar, P.S.- Baikunthpur, DistrictGopalganj .... .... Petitioners

Versus

1. The State of Bihar

2. Dhanmati Devi Wife of Ramashankar Chaudhary Resident of villageSirsa Dighwa Dubauli Bazar, P.S.- Baikunthpur, District- Gopalganj .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Bijay Prakash Singh, Advocate For the State : Mr. Murlidhar (APP) For the opp .party no.2 : Mr.Prabhakar Nath Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-10-2017 Counsel for the petitioners as well as other side are present.

Petitioners have prayed for quashing order dated 2.9.2009, passed by the in Case no. C 379 of 2008/ Trial No. 1628/2014, whereby the Judicial Magistrate 1st class, Gopalganj has taken cognizance of the offence under sections 420 IPC.

Counsel for the opposite party no.2 submits that the discharge petition, moved by the petitioners before the trial court, has subsequently been dismissed and charges have been framed in the case.

Patna High Court Cr.Misc. No.30766 of 2014 (4) dt.11-10-2017 2/2 Admittedly, the position today is that the trial has progressed in the court below. In view of the aforesaid development, this Court is not inclined to look into the correctness or otherwise of the allegations while exercising jurisdiction under section 482 of the Code of Criminal Procedure.

The Cr. Misc. application is thus dismissed.

(Madhuresh Prasad, J) Shashi.

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