Patna High CourtCR. MISC./28313/2014withdrawn

Satish Suman v. The State Of Bihar

2019-01-04Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28313 of 2014 Arising Out of G.R.P.S. Case No.-9 Year-2013 Thana- BHAGALPUR GRP CASE DistrictBhagalpur ====================================================== Satish Suman, Son of Sri Sudama Prasad, Resident of Village - Dasratha, P.O.- Anisabad, P.S.- Beur, District, Patna.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Cons. 295, Mukesh Kumar, S/o Suresh Prasad, Resident of VillageEknouna, P.S. Barhara, District- Bhojpur (Ara), presently posted at Rajkiya Rail Thana, Jamalpur as a constable.

3. The Sr. Divisional Engineer, Eastern Railway, Malda Division, Malda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the Railways.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:

"That this quashing application is being filed on behalf of the petitioner for quashing the impugned order taking cognizance dated 04.03.2014, passed by Learned Railway Judicial Magistrate, Bhagalpur, passed in Bhagalpur G.R.P.S. Case No. 09/13, dt. 3.3.2013 (G.R. No. 9/13), wherein and whereby the Learned Railway Judicial Magistrate, Bhagalpur has taken cognizance of the offence U/Ss 283,

Patna High Court Cr.Misc. No.28313 of 2014(8) dt.04-01-2019 2/2 287, 308, 427 of the IPC against the petitioner.

3. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the application with liberty to raise all points available to him before the Court below at the appropriate stage.

4. In view of the aforesaid, as prayed for by learned counsel for the petitioner, the application stands disposed off as withdrawn with liberty aforesaid.

5. If the petitioner files any application before the Court below at the appropriate stage, the same shall be considered in accordance with law, on its own merits, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) Anand Kr.

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