Sunil Kumar Yadav @ Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15708 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -ITADHI District- BUXAR ======================================================

1. Sunil Kumar Yadav @ Sunil Yadav S/o Kapil Muni Yadav R/o Villagebarka Rajpur P.s Simri, District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-04-2016 By the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioner has sought for quashing of the First Information Report of Itarhi P.S.Case No.23 of 2014 registered under Section 7 of the Essential Commodities Act, 1955.

It is conceded by the learned counsel for the petitioner that during pendency of the application the Investigating Officer of the case has completed investigation and submitted report under Section 173(2) of the Code of Criminal Procedure before the jurisdictional Magistrate pursuant to which cognizance has already been taken of the offence punishable under Section 7 of the Essential Commodities Act, 1955.

In view of the subsequent development in the case

Patna High Court Cr.Misc. No.15708 of 2015 (3) dt.18-04-2016 2/2 during pendency of this application, learned counsel for the petitioner seeks leave to withdraw this application in order to challenge the order taking cognizance of the offence by filing an appropriate application under Section 482 of the Code of Criminal Procedure.

Leave is granted. The application is disposed of. (Ashwani Kumar Singh, J) Pradeep/- U T