Amit Kumar @ Bunti v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30139 of 2016 ====================================================== Amit Kumar @ Bunti son of Late Jaideo Bhagat Resident of Borio, P.S. Borio, District- Sahebganj (Jharkhand).

.... .... Petitioner

Versus

1. The State of Bihar

2. Ranjana Devi daughter of Majhadeo Sah Resident of Mohalla- Aliganj, P.S.- Mojahidpur, Dist- Bhagalpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-07-2016 Heard Sri Sanjay Kumar Ghosarvey, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

The present petition has been filed with a prayer to restore Cr. Misc. No. 27290 of 2013, which stood dismissed on 01-07-2016, due to non-prosecution.

The main application i.e. quashing application, vide Cr. Misc. No. 27290 of 2013 was filed against an order dated 10-04-2013 passed in Complaint Case No. 2262 of 2008, whereby petition for discharge filed on behalf of petitioner was rejected. In the main case, earlier a report was called for from the court below regarding stage of the case, which was received and kept on record. The report indicates that after rejection of discharge

Patna High Court Cr.Misc. No.30139 of 2016 (2) dt.27-07-2016 2/2 petition, charges were framed, prosecution evidence completed and thereafter, statement of accused under Section 313 of Cr.P.C. was recorded and the case is fixed for defence evidence. The Court is of the opinion that in view of changed circumstances, no purpose would be served in allowing the restoration petition.

Accordingly, the restoration petition stands dismissed. (Rakesh Kumar, J.) Anay U T