Archana Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41854 of 2014 Arising Out of PS. Case No.-176 Year-2013 Thana- RAMGARH District- Bhabhua (Kaimur) ====================================================== Archana Devi Wife of Dr. Brahma Nand Choubey @ Brahma Nand Chaturvedi Resident of Village and Post Office- Darwan, Police StationRamgarh, District - Kaimur Bhabua ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Bihar State Civil Supplies and Food Corporation, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. K. N. Chaubey, Sr. Advocate with Mr. Ambuj Nayan Chaubey, Mr. Dineshwar Pandey, Mr. Animesh Kumar, Mr. Prashant Kumar and Ms. Ritu Priyadarshini, Advocates For the State :
Mr. Md. Arif, APP For the O. P. NO. 2 :
Mr. Nirmal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-02-2019 Heard Mr. Kamal Nayan Chaubey, learned senior counsel along with Mr. Ambuj Nayan Chaubey, learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the Bihar State Food and Civil Supplies Corporation Limited.
2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief: "That this is an application for quashing the entire prosecution/proceeding of Gr. Case No. 1961 of 2013 arising out of Ramgarh Police Station Case
Patna High Court Cr.Misc. No.41854 of 2014 dt.01-02-2019 2/2 No. 176/2013 registered under section 406 and 409 of the Indian Penal Code pending in the court of the learned Chief Judicial Magistrate, Bhabhua (Kaimur)."
3. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the application to enable him to raise all the points available to him at the appropriate stage before the court below itself.
4. In view thereof, as prayed for, the application stands disposed off as withdrawn with liberty aforesaid.
5. If the petitioner files an application before the court below at the appropriate stage, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.
6. The records, if any, received from the court below be returned forthwith.
(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T