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Patna High CourtCR. WJC/455/2015dismissed

Priyanka Kumari And ANR. v. The State Of Bihar Through The District Magistrate, East Champaran At Motihari And ORS.

2016-01-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.455 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================

1. Priyanka Kumari Wife of Mulayan Patel @ Mulayam Kumar Patel, Daughter of Umesh Sah

2. Mulayam Patel @ Mulayam Kumar Patel Son of Deep Narayan Patel Both resident of village - Kadhan, Police Station - Keshariya, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, East Champaran at Motihari

2. The Superintendent of Police, East Champaran at Motihar

3. The Deputy Superintendent of Police, Chakiya, District - East Champaran

4. The Officer Incharge Keshariya Police Station, District East Champaran

5. The Investigating officer, Keshariya P.S. Case No. 58 of 2015, Police STation - Keshariya, District - East Champaran

6. Umesh Sah Son of Bhagan Sah resident of village - Kadhan, Police Station - Keshariya, District - East Champaran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 29-01-2016 By way of the present application under Articles 226 and 227 of the Constitution of India, petitioners seek quashing of the first information report in connection with Keshariya P.S. case no. 58 of 2015 registered under sections 363, 366-A, 120(B) and 506 of the Indian Penal Code.

A counter affidavit has been filed on behalf of the State in which in paragraph 8 it has been stated that during investigation, the police have found the case to be a mistake of fact

Patna High Court Cr. WJC No.455 of 2015 dt.29-01-2016 and a direction has been sought for from the Superintendent of Police, Motihari to submit a report under section 173(2) of the Code of Criminal Procedure, 1973 in the light of the outcome of investigation. In view of the assertions made in paragraph 8 of the counter affidavit, learned counsel for the petitioners seeks leave to withdraw the present application.

Leave is granted. This application is disposed of. (Ashwani Kumar Singh, J) Amin/- U