Patna High CourtCR. MISC./39566/2015disposed

Rajeev Ranjan @ Satyendra Kumar @ Sateyndra Kumar And ORS v. State Of Bihar And ANR

2016-05-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39566 of 2015 Arising Out of PS.Case No. -133 Year- 2012 Thana -DANAPUR District- PATNA ======================================================

1. Rajeev Ranjan @ Satyendra Kumar @ Sateyndra Kumar

2. Ashwini Kumar Both sons of Late Chandeshwar Prasad

3. Ashish Kumar @ Sonu

4. Manish Kumar @ Monu Both sons of Rajeev Ranjan @ Satyendra Kumar All are residents of Chandra Prabha Bhawan, Akhara Road, Gavtal, Danapur Town, P.S. Danapur, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Amit Kumar Verma son of Satyapal Verma @ Surendra Kumar, resident of Chandra Prabha Bhawan, Akhara Road, Gavtal, Danapur Town, P.S.- Danapur, District- Patna.

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

For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate : Mr. Rajesh Kumar, Advocate : Mr. L.K.Sharma, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

By filing the present application preferred under Section 482 of the Code of Criminal Procedure (for short " the CrPC), the petitioners seek quashing of the order dated 27.5.2015 passed by the learned Additional Sessions Judge-V, Danapur, Patna, in Sessions Trial No.522 of 2014 arising out of Danapur P.S.Case No.133 of2012 whereby the petition filed under Section 227 of the

Patna High Court Cr.Misc. No.39566 of 2015 (2) dt.06-05-2016 2/2 CrPC for discharge has been rejected.

After some arguments, learned counsel for the petitioners has submitted that since the application preferred under Section 216 of the CrPC has been rejected as the same was filed prematurely even before examination of any witness, the petitioners would prefer to file an application before the trial court at a subsequent stage of the trial under Section 216 of the CrPC after examination of witnesses and on that ground he seeks permission to withdraw the present application. Leave is granted.

The application is disposed of.

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