Abhay Kumar Singh @ Abhay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4130 of 2015 Arising out of Complaint Case No.-1691 Year-2006 GAYA COMPLAINT CASE DistrictGaya ====================================================== Abhay Kumar Singh @ Abhay Kumar Son of Late Banshilal Yadav Resident of Mohalla - Serulahpur Nandgaon, P.S. -Shastrinagar, District - Patna. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Mathura Paswan, Son of Late Boudh Godaet, Resident of Village - Kandi, P.S. - Chandauti, District - Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry, Advocate Mr. Mrigank Mauli, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 22-03-2018 Seeking quashment of Complaint Case No. 1691 of 2006 filed by Respondent No. 2 Mathura Paswsan, this application has been filed.

On notice being issued, report has been received from the process server Sri Ajay Kumar on 06.09.2016 which goes to show that Respondent No. 2 Mathura Paswan has died. In view of the above, as the complainant himself has died, this application is rendered infructuous. However, in case the complaint is revived by the legal heirs of the complainant, liberty shall be available to the applicant to challenge the initiation of proceedings afresh in accordance with

Patna High Court Cr.Misc. No.4130 of 2015 dt.22-03-2018 2/2 law and disposal of the matter shall not come in their way in doing so.

For the present, in view of the death of Respondent No. 2, this application stands disposed of.

(Rajendra Menon, CJ) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 24.03.2018 Transmission Date 24.03.2018