Suresh Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17557 of 2014 Arising Out of PS.Case No. -589 Year- 2012 Thana -SAHARSA District- SAHARSA ======================================================

1. Suresh Yadav , son of Late Feku Yadav

2. Dinesh Yadav son of Late Feku Yadav Both residents of village - Hasa Hakpura, police station and district Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lakhichandra Kumar son of Late Dukhi Yadav Resident of village Simraha Ward No. 35 , New P.S. and District Saharsa .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-08-2016 Heard Sri Binod Kumar Sinha , learned counsel for the petitioners , learned A.P.P. as well as Sri Diwakar Prasad Singh, learned counsel who has appeared on behalf of the informant/ opposite party no. 2 .

In the present petition two petitioners have prayed for quashing of an order dated 27.1.2014 passed by learned Judicial Magistrate 1st Class, Saharsa in Saharsa Sadar P.S. Case No. 589 of 2012 registered for the offence under section 147, 148, 149, 323, 504, 467, 468, 471, 420, 120(B), 384, 386 of the Indian Penal Code and Section 27 of the Arms Act. By the said order the learned Magistrate has rejected the discharge petition filed on behalf of the petitioners.

Patna High Court Cr.Misc. No.17557 of 2014 (3) dt.09-08-2016 2/2 At the very outset Sri Diwakar Prasad Singh , learned counsel for the informant submits that after rejection of discharge petition charges were framed and trial has already commenced. In view of the fact that trial has already commenced there is no reason to interfere with the impugned order. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T