Nirmala Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47162 of 2022 Arising Out of PS. Case No.-99 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== 1.
NIRMALA SINGH WIFE OF BINOD KUMAR SINGH R/O VILLAGEKHAJAULI, POST OFFICE AND POLICE STATION- KHAJAULI, DISTRICT- MADHUBANI, PIN CODE- 847228 2.
BINOD KUMAR SINGH SON OF LATE BISHWANATH SINGH R/O VILLAGE- KHAJAULI, POST OFFICE AND POLICE STATIONKHAJAULI, DISTRICT- MADHUBANI, PIN CODE- 847228 ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
KUMARI CHANCHALA DAUGHTER OF LATE NAGENDRA PRASAD SINGH R/O MOHALLA- INDRAPURI ROAD NO. 06, HOUSE NO. 40, P.S.- PATLIPUTRA, DISTRICT- PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP For the O.P. No. 2 :
Mr. Mithilesh Kumar Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-11-2023
1. Heard learned counsel for the petitioners and learned APP for the State along with learned counsel for the O.P. No. 2.
2. The learned counsel for the O.P. No. 2, at the outset, submits that the present quashing application has been filed seeking quashing of the order of cognizance when the discharge application of the petitioners has been rejected and the charges are going to be framed.
3. The learned counsel for the petitioners is not in a position to rebut the submissions of the learned counsel for the
Patna High Court CR. MISC. No.47162 of 2022(4) dt.06-11-2023 2/2 O.P. No. 2.
4. Since, the stage of the case has changed from the stage of cognizance, as such, the Court is not inclined to entertain the quashing application.
5. Accordingly, the present quashing application stands rejected.
6. However, the same would not denude the petitioners of resorting their remedies available in accordance with law against the order rejecting the discharge application. (Satyavrat Verma, J) Rishabh/- U T