Kartikey Kumar @ Kartik Singh @ Master Sahab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51627 of 2019 Arising Out of PS. Case No.-859 Year-2014 Thana- BIHTA District- Patna ====================================================== Kartikey Kumar @ Kartik Singh @ Master Sahab, Son Of Late Jagat Singh @ Jagat Prasad Singh Resident Of Village - Shivnar, P.S.- Mokama, Dist.- Patna.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur- Advocate Mr. Manish Kumar No.2- Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

After some argument, the learned counsel for the petitioner seeks permission to withdraw the present quashing application with a liberty to the petitioner to raise all the issues at the time of framing of charge as it has been submitted that the cognizance has been taken relying on the statement of the victim recorded under Section 164 of the Cr.P.C. when the victim in his statement has not even taken the name of the petitioner. Thus, it is submitted that the order taking cognizance is mechanical when police has already submitted final form.

Permission is accorded.

Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J) vikash/- U T