Patna High CourtCR. MISC./41355/2014withdrawn

Md. Hanif v. State Of Bihar And ANR

2017-10-09Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41355 of 2014 Arising Out of PS.Case No. -19 Year- 2012 Thana -AJAMNAGAR District- KATIHAR ========================================================= Md. Hanif son of late Hajiroj Mohammad resident of Village Barmahin, P.S. Azam Nagar, District Katihar. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Officer-in-Charge Azam Nagar Police Station Azam Nagar, District Katihar. .... .... Opposite Party ========================================================= Appearance :

For the Petitioner : Mr. Bhola Prasad, Advocate Mr. M.K. Jha, Advocate For the Opposite Party : Mr. Bishwajeet Kumar, Advocate For the State : Mr. Brajendra Nath Pandey, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 09-10-2017 Heard learned counsel for the petitioner, learned counsel for the Opposite Party No. 2 as well as learned Additional Public Prosecutor for the State.

The petitioner, in the present case, is seeking quashing of the order dated 08.08.2014 passed by learned Chief Judicial Magistrate, Katihar in CII Case No. 110/2012, by which learned Chief Judicial Magistrate, Katihar has taken cognizance of the offences under Sections 182 & 211 of the Indian Penal Code and summoned the petitioner who happened to be the informant of Azam Nagar P.S. Case No. 19/2012 under Section 364A, 504/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.41355 of 2014 dt.09-10-2017 At the outset, when the case was called out, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to file an appropriate application in accordance with law before the court below for amalgamation of trial of the present case along with complaint case no. 1308/2013 lodged by this petitioner by filing protest petition against the final form submitted by the police in which cognizance of the offence under Sections 147, 343, 504, 323 of the Indian Penal Code has been taken against the Opposite Party Nos. 3 to 7. Permission is granted to withdraw the application. If any such application is filed at an appropriate stage, the learned court below shall consider the same in accordance with law. The order taking cognizance is not interfered with.

This application is accordingly dismissed as withdrawn with the aforesaid liberty.

(Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.10.2017 Transmission Date 09.10.2017