Kumod Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12620 of 2016 Arising Out of PS. Case No.-2524 Year-2012 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Kumod Kumar Son of Late Baleshwar Prasad Choudhary resident of village - Rashidpur, Police Station - Bachhwara, District - Begusarai ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Md. Rustam @ Minu Son of Md. Yasin resident of village - Khilafatnagar, Police Station - Habibpur, District - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :

Mr. J. Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The learned counsel for the informant submits that the present quashing application has been filed seeking setting aside the order dated 16.01.2016 passed in S.Tr. No. 549 of 2015 (Tr. No. 764 of 2015) arising out of Complaint Case No. 2524 of 2012 by the learned 6th Additional Sessions Judge, Bhagalpur whereby the discharge application filed by the petitioner under Section 227 of the Cr.P.C. was dismissed. It is further submitted that thereafter charges were framed, the trial has concluded and the case is on argument.

3. In view of the submissions made by the learned

Patna High Court CR. MISC. No.12620 of 2016(2) dt.05-09-2023 2/2 counsel for the informant, the learned counsel for the petitioner seeks permission to withdraw the quashing application as it has been submitted that presently he does not have any instruction from the petitioner with regard to stage of the case.

4. Permission is accorded.

5. Accordingly, the present quashing application is dismissed as withdrawn.

(Satyavrat Verma, J) Rishi/- U T