Shailabh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.425 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Shailabh Kumar S/o Sri Satya Narain Chaudhary Resident of Kiran Niwas, Kankarbagh Main Road, P.S. Patrakar Nagar, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Central Land, Patna.

4. The Deputy Inspector General of Police, Patna Range, Patna.

5. The Senior Superintendent of Police, Patna.

6. The Station House Officer, Agam Kuan Police Station, Patna.

7. The Investigating Officer, Police Station Agam Kuan, District Patna.

8. Sri Sanjeev Kumar S/o Sri Awadhesh Prasad Resident of Mohalla Rikabganj, Katra Bazar, P.S. Malsalami, District Patna.

9. Lakshman Mahto S/o Bechan Mahto Resident of Village Bhojpur Pakar, P.S. Harnaut, District Nalanda, presently residing in Mohalla Chhoti Pahari, tenant of Subhash Mahto, P.S. Agam Kuan, District Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 29-01-2016 In the present application preferred under Articles 226 and 227 of the Constitution of India, petitioner has prayed for issuance of a direction to the respondents to investigate Agam Kuan P.S. Case No. 386 of 2014 on the basis of the petition dated 03.10.2014 of the petitioner and to conclude investigation of the case to its logical end and make all efforts for recovery of the stolen iron rods of the petitioner.

Patna High Court Cr. WJC No.425 of 2015 dt.29-01-2016 A counter affidavit has been filed on behalf of the State in which it has been stated in paragraph 15 that the police have taken action and made efforts for recovery of iron rods but the stolen iron rods could not be recovered. However, the police have already submitted charge-sheet vide Charge-sheet no. 56 of 2015 on 28.02.2015 under section 407 of the Indian Penal Code against the F.I.R. named accused persons.

In view of subsequent development which took place during pendency of the present application, learned counsel for the petitioner seeks leave to withdraw the present application in order to agitate his remaining grievances before the jurisdictional Magistrate. Leave is granted. This application is disposed of. (Ashwani Kumar Singh, J) Amin/- U