← Library
Patna High CourtCR. MISC./32893/2014allowed

Awadh Kishore Tiwari v. State Of Bihar And ANR

2015-09-24Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32893 of 2014 Arising Out of Complaint Case No.592(C)Year- 2008 District- VAISHALI (HAJIPUR) =========================================================== Awadh Kishore Tiwari, son of late Indradeo Tiwari, r/o village & P.O. Barwat Pasraine, P.S. Bettiah (M), Distt. West Champarant. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bandhu Hazra, son of late Jagdeo Hazra, r/o village & P.O. Barwat Pasraine, P.S. Bettiah (M), Distt. West Champaran.

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Adv. For the State : Mr. Sadanand Paswan, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 24-09-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the Proceeding of Complaint Case No. 592(C) of 2008/Cr. Case Complaint (P) 3926 of 2013 including the order of cognizance dated 11.12.2013 passed by the Judicial Magistrate, 1st Class, Bettiah, West Champaran. It has been submitted that now matter has been compromised which is evident from the supplementary affidavit. On the aforesaid submission, notices had been issued to the Opposite Party No. 2 but none appears on his behalf despite service of notice.

Accepting the said submission and the nature of dispute between the Parties, the application is allowed and the Proceeding

Patna High Court Cr.Misc. No.32893 of 2014 dt.24-09-2015 2/2 including the order of cognizance dated 11.12.2013 passed by the Judicial Magistrate, 1st Class, Bettiah, West Champaran in Complaint Case No. 592(C) of 2008/Cr. Case Complaint (P) 3926 of 2013, is hereby, set aside.

(Anjana Prakash, J) S.Ali/- U T