Shankar Prasad Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5104 of 2014 Arising Out of PS.Case No. -2689 Year- 2012 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR =========================================================== Shankar Prasad Paswan S/O Late Panchu Paswan Resident Of Mohalla- Bhagwan Chowk, K.B. Jha College, Police Station- Katihar, District- Katihar .... .... Petitioner

Versus

1. The State Of Bihar

2. Bharti Devi W/O Shankar Paswan Resident Of Mohalla- Bhagwan Chowk, K.B. Jha Cpllege, Police Station- Katihar, District- Katihar, At Present Resided At House Of Sri Mahesh Paswan, M.L.A., B.M.P.-7, Ward No.-1, Katihar .... .... Opposite Party =========================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Nijar Ansari, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 15-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Since the complainant is said to have died and the petitioner is not able to substitute the complainant through her legal heir, this application under Section 482 Cr.P.C. cannot be maintained in absence of the complainant. Learned counsel for the petitioner, therefore, instead of pressing this application here in this court decides to take all such pleas which are available to the petitioner in the court below at the stage of evidence before charge.

Patna High Court Cr.Misc. No.5104 of 2014 dt.15-11-2017 Permission is granted.

Accordingly, this application is dismissed as not pressed.

(Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.11.2017 Transmission Date 16.11.2017