Jay Prakash @ Jay Prakash Asthana v. The State Of Bihar Through The Director General Of Police, Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1181 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== Jay Prakash @ Jay Prakash Asthana Son of Nageshwar Prasad Asthana Resident of Village - Jagdishpur, P.s.- Kalyanpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar. 2.

Superintendent of Police, East Champaran, Motihari. 3.

Sub Divisional Police Officer, Chakia, Distt.- East Champaran. 4.

Station House Officer, P.s.- Kalyanpur, Distt.- East Champaran. 5.

Investigation Officer cum S.H.O., Kalyanpur, Distt.- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-05-2023 Learned counsel for the petitioner and learned counsel for the State present.

After some arguments, counsel for the petitioner seeks permission to withdraw the present criminal writ application. Permission granted.

Counsel for the State has filed counter affidavit in which it has been stated that the petitioner and others were interfered in the election process and due to which, this F.I.R. has been lodged against known and unknown persons. In the investigation, there were 16 F.I.R. named accused persons arrested and remanded to judicial custody and 21 F.I.R. named

Patna High Court CR. WJC No. 1181 of 2022(2) dt.04-05-2023 2/2 accused persons were imported excluding 200 absconding unknown persons. Against some of them, the process of Sections 82 and 83 of Cr.P.C. has also been issued. Since, the petitioner is withdrawing this criminal writ petition, therefore, this Court is not passing order on merit but liberty is hereby granted to the I.O. to proceed for realization of money under D.P. Act.

With this observation, the present criminal writ application is dismissed as withdrawn.

(Dr. Anshuman, J.) sadique/- U T