Zarina Khatoon And ANR. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.351 of 2015 ======================================================

1. Zarina Khatoon Wife of Late Siddiqui Alam, Resident of Mohalla - Bag Dulhan, at and P.S. Hajipur, District - Vaishali.

2. Asif Raza Son of Late Md. Abbas, Resident of Village - Majya, P.S. Garaul, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Superintendent of Police, Muzaffarpur, District - Muzaffarpur.

3. The Station House Officer, Kazi Mohammadpur, District - Muzaffarpur.

4. The Investigating Officer through the Station House Officer, Kazi Mohammad pur, Police Station at and District - Muzaffarpur.

5. Nilofar Jahan, Wife of Md. Shakeel Akhtar, Resident of Mohalla - Islampur Kalambagh Road, P.S. Kazi Mohammadpur, District - Muzaffarpur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Adv. For the Respondent/s : Mr. P. K. Singh (SC 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-04-2016 By way of the present writ application preferred under Articles 226 and 227 of the Constitution of India, the petitioners have invoked writ jurisdiction of this Court for quashing of the FIR of Kazi Mohammadpur P.S.Case No. 36 of 2014 dated 29th January, 2014 registered under Sections 498-A, 406, 323 ad 504/34 of the Indian Penal Code.

At the outset, learned counsel for the State has contended that after institution of the FIR, the police have already completed investigation of the case and the Investigating Officer of the case has submitted a report under Section 173(2) of the

Patna High Court Cr. WJC No.351 of 2015 (3) dt.29-04-2016 2/2 Code of Criminal Procedure before the court of jurisdictional Magistrate.

In that view of the matter, learned counsel for the petitioners seeks leave to withdraw the present application in order to challenge the order taking cognizance passed by the jurisdictional Magistrate.

Leave is granted. The application is disposed of. (Ashwani Kumar Singh, J) Pradeep/- U T