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Patna High CourtCR. WJC/327/2015disposed

Nitu Kumari And ANR v. The State Of Bihar Through The District Magistrate, East Champaran At Motihari And ORS

2016-01-25Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.327 of 2015 ======================================================

1. Nitu Kumari, wife of Chandan Kumar, D/o Ramyash Yadav resident of village - Kadhan Bairiya, P.S. Kesariya, District - East Champaran.

2. Chandan Kumar, Son of Mahangu Mahto, resident of village - Kaila Belwa, P.S. Chakia, District - East Champaran. .... .... Petitioners

Versus

1. The State of Bihar through the District Magistrate, East Champaran at Motihari.

2. The Director General of Police, Govt. of Bihar, Patna.

3. The Superintendent of Police, East Champaran at Motihari.

4. The Officer-in-charge of Police Station Kesariya, District - East Champaran.

5. The Investigating Officer of Kesariya P.S. Case No. 31/2015 of Kesariya Police Station, District - East Champaran.

6. Ramyash Rai, Son of Jagdeo Rai, resident of village - Kadhan, P.S. Kesariya, District - East Champaran.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Respondent/s : Mr. Manoj Kr. Ambastha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-01-2016 Heard learned counsel for the petitioners and the learned counsel for the State.

By way of the present application preferred under Articles 226 and 227 of the Constitution of India, a prayer has been made to quash the FIR of Kesariya P.S. Case No.31 of 2015 dated 27.2.2015 registered under Sections 363 and 366A read with 34 of the Indian Penal Code.

After some arguments, learned counsel for the petitioners seeks leave to withdraw the present application in order

Patna High Court Cr. WJC No.327 of 2015 (2) dt.25-01-2016 2/2 to file an appropriate application in case an adverse police report under Section 173(2) of the Code of Criminal Procedure has submitted against the accused persons named in the FIR in connection with Kesariya P.S. Case No.31 of 2015. Leave is granted.

The application is dismissed as withdrawn.

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