Bijay Shankar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.302 of 2015 Arising Out of PS.Case No. -828 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Bijay Shankar, son of Late Kishundeo Narayan

2. Soni @ Shobha Devi, wife of Santosh Kumar

3. Santosh Kumar @ Mangal Sah, sone of Late Mahesh Sah. All are resident of Nasariganj, Kabristan Road, Biscuit Factory Mor, P.S.-Danapur, District-Patna; presently residing at Gaighat, Dachhini Gali, P.S.-Alamganj, District-Patna

4. Pushpa Devi, w/o Rahul Kumar, resident of Mohalla-Gurhatta, P.S.- Khajekala, P.O.-Begampur, District-Patna .... .... Petitioners

Versus

1. The State of Bihar

2. Archana Devi, wife of Avinash Kumar @ Baharan D/o Shivnath Prasad, resident of Chelitar, P.S.-Alamganj, District-Patna; at present residing address, C/o Mamta Devi, wife of Diwali Prasad, MohallaChalitar, P.S.-Alamganj, District-Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Jagdhar Prasad, Advocate For the State : Mr. Ashok Kumar , APP For the OP No. 2 : Mr. Rabindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-12-2015 By way of the present application under Section 482 of the Code of Criminal Procedure, the petitioners seek quashing the entire proceeding of Complaint case including the order dated 27.08.2013 passed by the Judicial Magistrate, 1st Class, Patna City in Complaint Case No. 828 of 2013 by which the cognizance has been taken against all the accused persons, including the

Patna High Court Cr.Misc. No.302 of 2015 (4) dt.01-12-2015 2/2 petitioners.

After some arguments, learned counsel for the petitioners seeks leave to withdraw the application in order to raise all the points available to the petitioners at the stage of framing of charge.

Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- U T