Shoaib Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19266 of 2015 Arising Out of PS.Case No. -553 Year- 2010 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ===========================================================

1. Shoaib Ahmad Son of- Shaikh Md. Habibullah, Resident of Village- Baghan Nizamat, P.S.- Thawe, District- Gopalganj, (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bachchi Devi Wife of- Late Matiurrahman @ Nanu Mian, Resident of Brahm Chowk, Ward No. 16, Thana Road, Gopalganj .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. S. Rahman, Adv. For the Opposite Party/s : Mr. Pranav kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 06-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This application under section 482 of the Code of Criminal Procedure (in short 'the Code') has been filed for quashing the order of cognizance dated 22.01.2011 passed in Complaint Case No.553 of 2010 by the learned Sub Divisional Judicial Magistrate, Gopalganj.

It would appear from the pleading of the petitioner that the matter before the court below has proceeded ahead to the stage of framing of charge. The petitioner has filed an application under section 245 of the Code for discharge before the Magistrate concerned. The said application for discharge has been rejected by the

Patna High Court Cr.Misc. No.19266 of 2015 dt.06-05-2015 2/2 learned Magistrate vide order dated 11.02.2013. The aforementioned order dated 11.02.2013 has been challenged in Criminal Revision before the learned Adhoc Additional District & Sessions Judge- III, Gopalganj.

Regard being had to the advanced stage of the case, the present application has become infructuous. Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T