Patna High CourtCR. MISC./37447/2017disposed

Bittu Kumar And ANR v. State Of Bihar And ANR

2018-04-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37447 of 2017 Arising Out of PS.Case No. -259 Year- 2013 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Bittu Kumar son of Sachidanand Singh

2. Vikash Kumar son of Sachidanand Singh Both resident of village- Bhola Bigha, P. S. Islampur, District- Nalanda. .... .... Petitioners

Versus

1. The State of Bihar

2. Ashok Kumar son of Karu Singh, resident of village- Bhola Bigha, P.S. Islampur, District- Nalanda.

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

For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate For the Opposite Party/s : Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-04-2018 I. A. No. 1908 of 2017 Learned counsel for the petitioners seeks leave to withdraw the present interlocutory application in order to challenge the order dated 21.08.2017 passed by learned ACJMIII, Hilsa in Islampur P. S. Case No. 259 of 2013 by filing an application under Section 482 of the Code of Criminal Procedure. Leave is granted.

Accordingly, Interlocutory Application No.1908 of 2017 is dismissed as withdrawn.

Cr. Misc. No. 37447 of 2017 This application under Section 482 of the Code of

Patna High Court Cr.Misc. No.37447 of 2017 (2) dt.20-04-2018 2/2 Criminal Procedure has been filed by the petitioners for quashing the order dated 20.06.2017 passed by the learned 1st Additional District & Sessions Judge, Hilsa, Nalanda in Cr. Revision No.01 of 2017, arising out of Islampur P. S. Case No.259 of 2013 by which the order dated 10.11.2016 passed by learned ACJM-III, Hilsa in G. R. No. 2070 of 2013 corresponding to T. R. No. 180 of 2016 has been set aside.

After some arguments, Mr. Pramod Kumar, learned counsel appearing for the petitioner seeks leave to withdraw the present application with liberty to challenge the subsequent order dated 21.08.2017 passed by the learned Magistrate whereby he has taken cognizance of the offence by filing another application under Section 482 of the Cr.P.C.

Leave is granted.

The application is disposed of.

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