Gaya Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23128 of 2016 Arising Out of PS.Case No. -266 Year- 2011 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Gaya Prasad son of Late Naga Mahto

2. Yogendra Prasad @ Devendra Prasad son of Late Chandra Shekhar Prasad Singh

3. Shiw Kumar Prasad Singh son of Jagdeo Singh All resident of village- Keni, P.S.- Khizer Sarai, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Siya Sharan Prasad son of Late Ram Nandan Singh, resident of village- Keni, P.S.- Khizer Sarai, District- Gaya.

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

For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the State : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-01-2018 This application under Section 482 of the Code of Criminal Procedure (for short 'the Cr.P.C.') has been filed by the petitioners for quashing the order dated 02.04.2016 passed by the learned Judicial Magistrate, 1st Class, Gaya in Complaint Case No.C-266 of 2011/TR No.320 of 2016 by which the petition filed by the petitioners under Section 245 of the Cr.P.C. for their discharge has been rejected.

After some arguments, learned counsel for the

Patna High Court Cr.Misc. No.23128 of 2016 (2) dt.15-01-2018 2/2 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