Rahul Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.752 of 2015 ====================================================== Rahul Kumar Son of Lal Bahadur Singh Permanent Resident of villageItaha, P.S.- Dhangoi, Dist- Bhojpur At present- In the House of Ramanand Yadav, Krishna Nagar, Road No. 23, District- Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The Superintendent of Police, Patna

3. The Officer-in-Charge, Patliputra P.S., District- Patna .... .... Respondents ====================================================== Appearance:

For the Petitioner : Mr. Kumar Praveen, Advocate. For the Respondents : Mr. Sanjay Pandey, G.P.21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-05-2016 Pursuant to the order dated 04.02.2016 passed by this Court, the learned Judicial Magistrate, 1st Class, Patna has submitted her report vide letter no. 11 dated 08.02.2016. Perused the same.

It would appear that though charge was framed in the case on 27.09.2011, no witness has turned up before the court below to depose, despite steps having been taken by the court below in this regard.

After some arguments, learned counsel for the petitioner seeks leave to withdraw the present application in order to file an appropriate application before the jurisdictional Magistrate for closing the prosecution case as the prosecution has

Patna High Court Cr. WJC No.752 of 2015 (3) dt.10-05-2016 2/2 lost interest in the case.

Leave is granted.

The application is disposed of.

It goes without saying that in case an application for closing the prosecution case is made by the petitioner, the learned Magistrate shall dispose of the same within a reasonable time by passing a reasoned order in accordance with law. (Ashwani Kumar Singh, J.) Mishra/- U