Madan Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26596 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -ATRI District- GAYA ======================================================

1. Madan Singh, s/o late Hira Singh, r/o village- Tedha, P.S. Isuapur, District- Saran at Chapra, at present resident of Mohalla- Nutan Nagar, P.S. Civil Line , District- Gaya.

2. Raj Narayan Singh, S/o Sri Prahalad Singh, resident of village- Kendui, P.S. Magadh Medical, District- Gaya.

3. Sanjay Kumar Singh S/o Sri Chandradeep Singh resident of villageMahue, P.S. Manjhi, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ajay Kumar Singh, S/o Udit Narayan Singh, R/o Pirasin, P.S. Dobhi, previously Sherghati, District- Gaya, at present residing of MohallaSidharthpuri Colony Road No.2, P.S. Muffasil, DIstrict- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate. For the opposite party No.2: Mr. Dharmendra Kumar Singh, Advocate. For the State : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the First Information Report of Atri P.S. Case No. 45 of 2015 for the offences under Sections 341, 323, 406, 420, 467, 468, 471, 506 and 120B/34 of the Indian Penal Code.

Heard learned counsel for the petitioners, learned counsel for the opposite party No.2 and learned counsel for the State.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.26596 of 2015 (5) dt.20-04-2018 2/2 there is no allegation against this petitioner in the First Information Report.

Learned counsel for the Opposite Party No. 2 has submitted that in this case police has completed investigation and submitted charge sheet for the offence under Sections 406, 420 and 120(B) of the Indian Penal Code. During hearing, the certified copy of the charge sheet has been filed.

In such circumstances, this application has become infructuous.

This Criminal Miscellaneous application is accordingly dismissed as having become infructuous. The petitioner is given liberty to raise all the points as raised in the petition at appropriate stage of trial in the court below which will be considered by the court below in accordance with law without being prejudiced by this order. (Sanjay Priya, J) S.Ali/- U T