Md. Sajjad Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21921 of 2014 Arising Out of PS.Case No. -237 Year- 2013 Thana -TEGHRA District- BEGUSARAI ====================================================== Md. Sajjad Akhtar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Fahimuddin, Advocate For the Opposite Party/s : Mr. Dr.Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-07-2017 Counsel for the petitioner submits that the only allegation against the petitioner is that he being the Development Officer in the company had employed the informant and others and they were making deposits but in the meantime the company was closed. As per allegations made in the F.I.R., the functioning of the company became illegal only after the year 2013 whereas as per Annexure-6 of the petition, which is letter dated 22nd of July, 2011, he had already been terminated from the organization. The aforesaid submission amounts to factual denial of the allegations which cannot be looked into by this Court while exercising jurisdiction under Section 482 Cr.P.C. The counsel for the petitioner seeks permission to withdraw the instant application to raise this issue before the learned court below, at the appropriate stage.

Patna High Court Cr.Misc. No.21921 of 2014 (3) dt.19-07-2017 2/2 This application is dismissed as withdrawn.

It goes without saying that the learned court below shall consider the issue raised by the petitioner in accordance with law without prejudiced by the present order.

(Madhuresh Prasad, J) veena/- U T