Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47150 of 2013 ====================================================== Sanjay Kumar Son Of Ashok Yadav R/O Mohalla-Barmasia, P.S.-Katihar Sahayak, District-Katihar .... .... Petitioner.

Versus

1. The State Of Bihar

2. Anil Kumar Das Son Of Dhirendra Das .R/O Quarter No. 2/7d, Mohalla-Railway New Colony, P.S.-Katihar, Sahayak, Distt-Katihar .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Bimal Kumar, Advocate. For the State : Mr. Uday Pratap Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER ------------ 24-05-2017 Heard the parties.

2. This petition, under section 482 of the Cr.P.C., has been filed on behalf of the petitioner for quashing the order dated 02.02.2013 passed by learned Chief Judicial Magistrate, Katihar, in Katihar Sahayak P.S.Case No. 785 of 2012 by which the cognizance of the offence punishable under Sections 452, 326, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act was taken against the petitioner and, furthermore, for quashing the order dated 28.09.2013 passed by the learned Additional Sessions Judge-II, Katihar, in Criminal Revision No.36 of 2013, dismissing the aforesaid Criminal Revision filed by the petitioner.

Patna High Court Cr.Misc. No.47150 of 2013 (3) dt.24-05-2017 2/2

3. After some argument, learned counsel for the petitioner seeks permission for withdrawal of this petition with liberty to the petitioner to raise his plea before the trial court at the appropriate stage.

4. Accordingly, this petition stands dismissed as withdrawn with the aforesaid liberty granted to the petitioner. (Hemant Kumar Srivastava, J) N.K/- U T