Patna High CourtCR. MISC./35946/2017disposed

Avik Vyas v. The State Of Bihar And ORS

2018-04-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35946 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ====================================================== Avik Vyas son of Arghanand Vyas, resident of village- Begampur, P.S. and District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Murari Mohan Singh @ Murari Singh

3. Arbind Singh

4. Pankaj Kumar Opposite Party Nos .2 to 4 are sons of Jageshwar Singh,

5. Arun Singh son of Late Ram Udit Singh 6.Chandan Kumar son of Arun Singh Opposite Party nos. 2 to 6 are resident of village- Begampur, P.S. and District- Nalanda.

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

For the Petitioner/s : Mr. Amar Nath Singh, Advocate For the State : Mr. Ashok Kumar Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-04-2018 This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 03.07.2017 passed by the learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda in Nalanda P.S. Case No.131 of 2016 corresponding to G.R. No.3999 of 2010 by which the learned Magistrate without considering the protest petition filed by the petitioner and the materials available on record took cognizance of the offences punishable under Sections 147, 149, 341, 323, 324, and 504 read with 34 of the Indian Penal Code

Patna High Court Cr.Misc. No.35946 of 2017 (2) dt.18-04-2018 2/2 although there was sufficient material to make out a prima facie case for the offence punishable under Section 307 of the Indian Penal Code.

After some arguments, learned counsel for the petitioner seeks leave to withdraw the present application in order to raise all the points available to the petitioner at an appropriate stage during trial.

Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J) Md.S./- U T