Sushil Lal Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34749 of 2016 Arising Out of PS.Case No. -183 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Sushil Lal Das Son of Late Jhingur Lal Das Resident of village- Basuham, Police Station- Bahera, District- Darbhanga .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Narayan Mahto For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-10-2016 The present application has been filed for quashing the order dated 16.02.2016 passed in Complaint Case No. 183 of 2014 corresponding to T.R. No. 563 of 2016 by learned SDJM, Benipur whereby process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 341 and 379 of the IPC.

The petition has been filed through Ram Narayan Mahto, Advocate having AOR No.1356.

Defect No.14(2) has been pointed out by the stamp reporter to the effect that the petition has not been affidavited. The matter was listed before this Court under the heading 'For Orders' on 18.10.2016 when it was wrongly submitted that the defect has already been removed, though not within the stipulated time. The

Patna High Court Cr.Misc. No.34749 of 2016 (3) dt.27-10-2016 2/2 office note dated 26.10.2016 reflects that the defect still persists. Today, Mr. Ram Narayan Mahto, learned counsel appearing on behalf of the petitioner submits that he wants to withdraw the application since the defects have not been removed. Permission is accorded.

Accordingly, the application is dismissed as withdrawn.

Counsel for the petitioner is advised to be careful in future.

(Dinesh Kumar Singh, J) Amrendra/- U T