Umesh Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58351 of 2015 Arising Out of PS.Case No. -71 Year- 2013 Thana -SHERGHATI District- GAYA ======================================================

1. Umesh Yadav Son of Chhathu Yadav

2. Ramu Yadav @ Ram Dhari Yadav

3. Surendra Yadav All are sons of Chhathu Yadav resident of Village - Vakilganj, P.S.- Dobhi, District - Gaya .... .... Petitioners

Versus

1. The State of Bihar

2. Tuntun Prasad Gupta, Son of Sri Vijay Nandan Gupta, Resident of Village - Dobhi, District - Gaya .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 16-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.') has been filed by the petitioners for quashing the order dated 10.10.2015 passed by the learned Sub Divisional Judicial Magistrate, Sherghati, Gaya in Sherghati (Dobhi) P.S. Case No.71 of 2013 by which the

Patna High Court Cr.Misc. No.58351 of 2015 (2) dt.16-04-2018 application filed under Section 239 of the Cr. P.C. for discharge from prosecution has been rejected.

On query, learned counsel for the petitioners submitted that by now charges have been framed and three witnesses on behalf of the prosecution have already been examined.

In view of the submission made above, this application is dismissed as infuctuous.

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