Md. Aftab Alam And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32240 of 2013 ======================================================

1. Md. Aftab Alam Son of Late S.M. Siddique.

2. Gulshera Praveen Wife of Md. Aftab Alam.

3. Md. Aslam Son Of Md. Khatib.

4. Md. Mahtab Alam Son of Late S.M. Siddique.

5. Rukhsana Khatoon Wife of Md. Mahtab Alam.

All resident of Bander Bagicha, P.S.- Kotwali, District- Patna .... .... Petitioners

Versus

1. The State of Bihar

2. Shamim Ahmad Son of Basir Ahmad Resident of Bander Bagicha, Prop. Big Shot Tailoring Shop, P.S.- Kotwali, District- Patna .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Prasad Singh, Advocate Mr. Shailesh Kumar Singh, Advocate Mr. Sanjay Kumar Singh, Advocate Mr. Ujjwal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Najir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-08-2016 By way of the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioners seek quashing of the order dated 27.09.2011 passed by the learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1723(C) of 2011 whereby the petitioners have been summoned to face trial.

Keeping in view the statutory provisions prescribed under Section 210 of the Code of Criminal

Patna High Court Cr.Misc. No.32240 of 2013 (2) dt.03-08-2016 2/2 Procedure, learned counsel for the petitioners seeks leave to withdraw the present application in order to raise the plea that in respect of the offence alleged in the complaint, a police case has already been instituted.

Leave is granted.

The application is disposed of with a direction that if such an application is filed, the court below must consider the same in accordance with law and pass a reasoned order. (Ashwani Kumar Singh, J.) Kanchan/- U T