Himanshu Nayak And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.150 of 2016 =====================================

1. Himanshu Nayak son of Late Hari Prasad Nayak

2. Navin Nayak son of Late Hari Prasad Nayak

3. Anil Nayak son of Late Hari Prasad Nayak

4. Rekha Devi @ Rekha Gami daughter of Late Hari Prasad Nayak wife of Naresh Gani All 1 to 4 are resident of Village Chaklokman Dalsingsarai, PO and PSDalsingsarai, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Nand Lal Paswan son of Late Ramchandra Paswan

3. Sant Lal Paswan son of Late Ramchandra Paswan

4. Nithun Paswan son of Late Ramchandra Paswan

5. Rukmani Devi wife of Late Shakar Paswan All 2 to 5 are resident of Village Chaklokman @ Dalsingsarai, PO and PS Dalsingsarai, District- Samastipur.

6. Raj Kumar Sharma son of Late Mehi Thakur, resident of Village Jaipatti, PO- Dalsingsarai, District- Samastipur. .... .... Respondent/s ===================================== Appearance :

For the Petitioner/s : Ms. Rina Sinha For the Respondent/s : Mr. M.Dayal(App) ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-03-2018 This petition has been filed against the order dated 03.01.2015 passed by the learned Court below in Miscellaneous Case No. 9 of 2011 whereby the prayer made on behalf of the petitioner for proceeding against O.P. Nos. 2 to 6 under Section 340 Cr. P.C has been rejected. There is a provision for appeal against such an order and hence, this revision petition is not maintainable. Ms. Rina Sinha, learned counsel for the

Patna High Court CR. REV. No.150 of 2016 (3) dt.16-03-2018 2/2 petitioners seeks permission to withdraw the present petition in order to enable her to approach the Court in an appropriate forum, if so advised.

The revision petition is dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, J) Shageer/- U T