Munindra Nath Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4382 of 2015 Arising Out of PS. Case No.-231 Year-2013 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
Munindra Nath Singh S/o Late Sheo Jatan Singh 2.
Satish Singh @ Satish Kumar Singh S/o Munindra Nath Singh Both Resident of Village- Sawan Bigrah, P.S. Draunda, District- Siwan. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate with Mr. Angad Kunwar, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 08-05-2019 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel, along with Mr. Angad Kunwar, learned counsel for the petitioners and learned APP for the State.
2. The petitioners have 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 order dated 01.11.2014 passed by Learned Additional Chief Judicial Magistrate, Siwan in Maharajganj P.S. Case No. 231/13 whereby and whereunder, learned Additional Chief Judicial Magistrate was pleased to take cognizance against the petitioners and date was fixed for commitment."
Patna High Court CR. MISC. No.4382 of 2015(3) dt.08-05-2019 2/2
3. At the very outset, learned counsel for the petitioners submitted that the petitioner no. 1 has died during the pendency of the application and, thus, the same on his behalf has become infructuous.
4. Learned counsel for the petitioners submitted that since there has been no further progress after taking of cognizance, he may be permitted to withdraw the application with liberty to file an application before the Court below itself, at the appropriate stage, for discharge.
5. Having regard to the aforesaid, the application stands disposed off as withdrawn with liberty aforesaid.
6. If an application is filed on behalf of petitioner no. 2 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.
(Ahsanuddin Amanullah, J) Anjani/- U T