Jiyauddin Jauhar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37401 of 2015 Arising Out of PS.Case No. -34 Year- 2013 Thana -KURSAKANTA District- ARRARIA ====================================================== Jiyauddin Jauhar son of Late Haji Rakimuddin, resident of villageDahuabari, P.S.- Kushakanta, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Sadre Alam son of Md. Mansoor

3. Md. Firoz son of Md. Amin

4. Md. Kismat son of Md. Mansoor O.P. No. 2 to 4 are resident of village- Chanda Mohan (O.P.) Sonamani Godam, P.S.- Kushkanta, District- Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Dr. M.K. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-07-2016 The present application has been filed by the informant for quashing the order dated 10.7.2015 passed by the learned Judicial Magistrate, 1st Class, Araria in connection with Kurshakanta P.S.Case No.34 of 2013 (G.R.No. 645 of 2013) by which he has taken cognizance only against Md.Sadre Alam for offence punishable under Section 363 of the Indian Penal Code and summon was issued to him to face trial, though during investigation prima facie case for the offences under Sections 363 and 366A/34 of the Indian Penal Code are made out against all the three accused including Md.Sadre Alam. After some arguments learned counsel for the petitioner

Patna High Court Cr.Misc. No.37401 of 2015 (2) dt.15-07-2016 2/2 seeks leave to withdraw the present application in order to raise all the points available to the petitioner before the court below at appropriate stage.

Leave is granted.

The application is disposed of as withdrawn.

(Ashwani Kumar Singh, J) Md.S./- U T