Ashutosh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3081 of 2015 Arising Out of PS. Case No.-65 Year-2011 Thana- GANDHIMAIDAN District- Patna ====================================================== Ashutosh Kumar S/o Late Satyanarayan Prasad of Mohalla- Laxmipur, P.S. and District- Madhepura, at present 601, Sahi Complex, Dakbanglow, P.S.- Kotwali, District- Patna ... ... Petitioner/s
Versus
1.
State of Bihar 2.
Sheema Jaiswal W/o Ajay Mal, resident of M 66B Ladosarai, Mehrauli, New Delhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madan Prasad Singh, Advocate Mr. Arun Kumar Singh, Advocate For the Opposite Party/s :
None For State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:
"That, this application is for quashing the order of cognizance dt. 11.01.2013 passed in Gandhi Maidan P.S. Case No. 65/11 by C.J.M.
Patna where under cognizance against the petitioner and another has been taken under section 406, 420 and 120B IPC or pass such other order/orders which may be found just and proper."
3. After some arguments, learned counsel for the
Patna High Court CR. MISC. No.3081 of 2015(6) dt.16-04-2019 2/2 petitioner submitted that the application be disposed off with liberty to the petitioner to raise all points available to him, including those raised in the present application, before the Court below itself, at the appropriate stage.
4. In view thereof, the application stands disposed off with liberty aforesaid.
5. If the petitioner files an application before the Court below itself at the appropriate stage, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.
6. The document received be returned forthwith. (Ahsanuddin Amanullah, J.) P. Kumar U