Patna High CourtCR. MISC./35822/2014disposed

Shashi Ranjan @ Fanni @ Shashi Ranjan Kumar And ORS. v. The State Of Bihar Through The Director General Of Police, Government Of Bihar And ANR.

2017-08-09Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35822 of 2014 Arising Out of P.S.Case No. -32 Year- 2013 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ===========================================================

1. Shashi Ranjan @ Fanni @ Shashi Ranjan Kumar S/o Kaushlendra Kumar R/o Village + P.O. -Ajnaura, P.S. - Noorsarai, District- Nalanda.

2. Ranjeet Kumar alias Chitu, S/o Not Known

3. Vidapati alias Sonu @ Vidyapati Kumar S/o Binod Mahto All R/o Village + P.O. - Ajnaura, P.S. - Noorsarai, District- Nalanda. .... .... Petitioners

Versus

1. The State of Bihar through The Director General of Police, Government of Bihar, Patna.

2. Ramanand Prasad (Teacher), S/o Late Sidheshwar Prasad, Government School, Eshapur, Village - Eshapur, P.S.- Noorsarai, District- Nalanda. .... .... Opposite Parties =========================================================== Appearance :

For the Petitioners : Mr. Gajendra Pratap Singh, Advocate For the Opposite Parties : Mr. Humayu Ahmad Khan, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 09-08-2017 This application under section 482 of the Cr.P.C. has been filed to quash the order dated 15.04.2013 passed by learned SDJM, Nalanda, Biharsharif in Noorsarai P.S.Case No.32 of 2013 whereunder the learned SDJM found prima-facie case for the offence under Sections 447, 379 and 120(B)/34 of the IPC and summoned the petitioner.

2. Heard and perused the record.

3. It appears that the above Noorsarai P.S.Case No.32 of 2013 was registered against four accused persons, out of them one

Patna High Court Cr.Misc. No.35822 of 2014 dt.09-08-2017 2/2 Kaushalendra Kumar @ Chhote Lal filed Cr.Misc.No.12236 of 2014 for quashing the aforesaid order dated 15.04.2013. The said Cr.Misc. was heard on 14.10.2014 and cognizance order dated 15.04.2013 was quashed against all the accused persons. These three petitioners were also co-accused who have filed the present criminal miscellaneous application for quashing the said order. Since the said order has already been quashed by one of the coordinate bench of this Court, this criminal miscellaneous application has become infructuous as the cognizance order is not in existence.

4. The learned APP concedes to the submission of learned counsel for the petitioners.

5. In the above facts and circumstances, this criminal miscellaneous application is disposed of with the aforesaid observation.

(Sanjay Kumar, J) B.Kr./- AFR/NAFR NAFR CAV DATE Uploading Date 21.08.2017 Transmission Date 21.08.2017