Patna High CourtCR. REV./254/2015allowed

Shatrughan Kumar v. State Of Bihar And ANR

2017-04-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.254 of 2015 ======================================================

1. Shatrughan Kumar Son of Shivaji Sah Resident of village - P.O. & P.S. Motipur, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ramesh Rajak, Sub Inspector of Police, Bahadurpur, P.S. District Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate For the Respondent/s : Mr. Arun Kr. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2017 The petitioner had questioned the order dated 12.03.2015, whereby court below has refused to discharge the petitioner. By an order dated 03.04.2017, passed in this case, the petitioner's prayer was allowed and the impugned order was set aside.

Learned counsel for the petitioner has rightly pointed out that as consequence of setting aside of the order in view of the nature of discussion, the petitioner ought to have been directed to be discharged.

It seems that while passing the said order, this aspect stood overlooked. If it is accordingly made clear that as consequence of the order dated 03.04.2017, in view of the observation that no offence under the provisions of Immoral

Patna High Court CR. REV. No.254 of 2015 (6) dt.18-04-2017 2/2 Traffic (Prevention) Act, 1956 is made out, the petitioner shall stand discharged.

(Chakradhari Sharan Singh, J) Vats/- U T