Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38019 of 2023 Arising Out of PS. Case No.-525 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Amit Kumar Son Of Rameshwar Mahto Resident Of Village - Singhia Buzurg, P.S.- Samastipur Muffasil, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munchun Devi Wife of Rakesh Kumar Resident of Village - Chhatauna Suratpur, P.S.- Samastipur Muffasil, District - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Khushi Awadh- Advocate Mr.Jitendra Narain Sinha- Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-01-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The learned counsel for the petitioner, at the outset, draws the attention of the Court to the order impugned by which cognizance has been taken to submit that the learned Magistrate while taking cognizance has recorded that he was partly satisfied with the investigation based on which he took cognizance, as such, it is submitted that when the learned Magistrate himself was not fully satisfied where was the occasion to take cognizance based on his partial satisfaction.

Patna High Court CR. MISC. No.38019 of 2023(2) dt.16-01-2024 2/2

3. The learned Additional P. P. opposes the submission of the learned counsel for the petitioner.

4. At this stage, the learned counsel for the petitioner seeks permission to withdraw the present quashing application with liberty to the petitioner to raise all issues at the time of framing of charge.

5. Permission is accorded.

6. Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J) vikash/- U T