Hemant Kumar Das v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And O
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.908 of 2016 Arising Out of PS. Case No.-168 Year-2016 Thana- PATLIPUTRA District- Patna ====================================================== Hemant Kumar Das, son of Late Awadhesh Das, resident of 502, White House Apartment, Budha Magar, Police Station Kotwali, town and district- Patna. ... ... Petitioner/s
Versus
1.The State of Bihar through the Principal Secretary, Department of Home, Govt. Of Bihar, Patna
2. The Senior Superintendent of Police, Patna.
3. The Officer Incharge, Patliputra Police Station, Patna.
4. Tarun Kanti Chatterjee, s/o Late Dr. Rabindra Nath Chatterjee, resident of Flat No. 404, Sona Apartment, Vivekanand Path, Patliputra Colony, P.S.- Patliputra, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gautam Kumar Kejriwal, Advocate Mr. Alok Kumar Jha, Advocate For the Respondent/s :
Mr. Sheo Shankar Pd. SC-8 Mr. Aunp Kumar Sinha. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-01-2019 It is submitted by the learned counsel for the petitioner that though the writ petition was filed for quashing of the first information report of Patliputra P.S. Case No. 168 of 2016 registered under Sections 406, 420, 323 and 504 read with 34 of the Indian Penal Code, during pendency of the writ petition, the investigation came to an end and after submission of police report under Section 173(2) of the Code of Criminal Procedure, the learned Magistrate has already taken cognizance of the offence.
In that view of the matter, he sought leave to
Patna High Court Cr. WJC No.908 of 2016(4) dt.03-01-2019 2/2 withdraw the present writ petition with liberty to challenge the order taking cognizance by way of filing another application in accordance with law.
Leave is granted.
The writ petition as well as the Interlocutory Application No. 2083 of 2018 stands disposed of. (Ashwani Kumar Singh, J) Md. S/ SKSuman.
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