Syed Borair Akhtar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28557 of 2013 Arising Out of PS.Case No. -4 Year- 2012 Thana -ASHOK PAPER MILL District- DARBHANGA ====================================================== Syed Borair Akhtar, son of Syed Hasan Imam @ Kallu, resident of VillageChandanpatti, P.S.- Ashok Paper Mill, District- Darbhanga .... .... Petitioner

Versus

1. The State of Bihar

2. Syed Afzal Hussain, son of Late Syed Najmul Hassan, resident of Village- Chandanpatti, P.S.- Ashok Paper Mill, District- Darbhanga .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi, Adv. For the Opposite Party/s : Mr. Jharkhandi Upadhayay (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-09-2016 Mr. Iqbal Asif Niazi, learned counsel for the petitioner, in presence of Sri Jharkhandi Upadhayay, learned Addl. Public Prosecutor, submits that the present petition was filed against the rejection petition filed on behalf of the petitioner under Section 228(1) of the Code of Criminal Procedure, whereby the prayer made by the petitioner for remitting back the matter to the court of learned Magistrate was rejected. However, during pendency of the petition, charge has been framed. Meaning thereby that the trial has commenced.

Accordingly, in view of changed circumstances, learned counsel for the petitioner does not want to press this petition. The petition stands dismissed as not pressed. NKS/- (Rakesh Kumar, J) U T