Gurudutt Prasad Gupta v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17731 of 2011 Arising Out of Complaint Case No.375 Year- 2005 District- PATNA =========================================================== Gurudutt Prasad Gupta, son of Dr. Vijay Kumar, resident of Mohalla Station Road, Khushrupur, P.O. Khushrupur, P.S. Khushrupur, Distt. Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Suresh Prasad Gupta, son of Ram Prasad Gupta, resident of Mohalla Chak Hussain, Khusrupur, P.S. Khushrupur, Distt. Patna. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Umeash Prasad, Adv. For the State : Mr. Dinesh Kumar, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-04-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 16.4.2011 by which the Judicial Magistrate, 1st Class, Patna City, had rejected an application under Section 205 Cr. P.C. in Complaint Case No. 375 of 2005.

It appears that by an order dated 3.9.2012 at the stage of issuing notice to the Opposite Party No. 2, this Court had initially allowed the Petitioner by way of an interim protection observing that the Petitioner be allowed to be represented through his lawyer except on date of charge, in proving of charge, at stage of 313 Cr. P.C. and at judgment stage, hence, the application is disposed off on the same terms.

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