Patna High CourtCR. MISC./30413/2017disposed

Chandan Kumar Mishra And ORS v. State Of Bihar And ANR

2018-03-30Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30413 of 2017 Arising Out of PS.Case No. -241 Year- 2015 Thana -MANJHI District- SARAN ======================================================

1. Chandan Kumar Mishra, son of Chandra Prakash Mishra.

2. Renu Devi, wife of Sujit Kumar Mishra.

3. Binay Kumar Mishra @ Binay Mishra, son of Hridya Nand Mishra @ Hridya Kumar Mishra.

4. Om Prakash Mishra, son of Ram Dev Mishra.

5. Manjit Mishra @ Sanjit Kumar Mishra, son of Hridya Nand Mishra @ Hridya Kumar Mishra.

6. Vikash Kumar Mishra @ Vikash Mishra, son of Om Prakash Mishra.

7. Menka Devi, wife of Vikash Mishra @ Vikas Kumar Mishra.

8. Hridya Nand Mishra @ Hridya Kumar Mishra, son of Suresh Mishra, All are resident of village- Kurde Bhalua, P.S. Manjhi, District- Saran, Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Satya Prakash Tiwary, son of Nagendra Tiwary, resident of village- Sadhpur Balli, P.S.- Kopa, District- Saran at Chapra. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nalin Vilochan Tiwary, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-03-2018 This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the order dated 02.06.2017 passed by the learned Additional Sessions Judge-VI, Saran at Chapra in Criminal Revision No. 49 of 2017 as also the order dated 22.01.2017/23.01.2017 passed by the learned Additional Chief Judicial Magistrate-V, Saran in Trial No.661 of 2017 (Manjhi P.S. Case No.241 of 2015) by which cognizance has been taken of the offences punishable under

Patna High Court Cr.Misc. No.30413 of 2017 (4) dt.30-03-2018 2/2 Sections 420, 406, 323, 324 and 326 of the Indian Penal Code and Section 27 of the Arms Act against the accused petitioners and one another.

After some arguments, learned counsel for the petitioners seeks leave to withdraw the present application in order to raise all the points available to the petitioners at the stage of framing of charge.

Leave is granted.

The application is disposed of.

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