Yugal Kishore Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.785 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- SC/ST District- Muzaffarpur ====================================================== 1.

Yugal Kishore Chaudhary Son of Late Shital Chaudhary Resident of Village - Sakra Faridpur, P.S.- Sakra, Distt.- Muzaffarpur. 2.

RAJA CHOUDHARY @ AMITESH KUMAR RAJA Son of Sri Yugal Kishor Chaudhary Resident of Village - Sakra Faridpur, P.S.- Sakra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Baidhnath Mahto S/o Late Mahipat Mahto R/o Village- Sakra Faridpur, P.S. Sakra, District- Muzaffarpur.

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

For the Petitioners :

Mr. Bela Singh, Advocate For the Opposite Parties :

Mr. Usha Kumari 1, Sr. APP For the Informant :

Mr. Ashok Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the opposite party no. 2 has produced the final form submitted by the police in the court below, which is taken on record.

At the very outset, learned counsel for the opposite party no. 2 has pointed out that final form dated 20.07.2022 has been filed in this case finding the case to be false and exonerating the petitioners holding the dispute to be civil in nature. Neither of the parties is able to point out as to whether

Patna High Court CR. MISC. No.785 of 2022(4) dt.17-02-2023 2/2 any order has been passed by the court below after submission of final form i.e. whether final form has been accepted by the court below or cognizance has been taken by differing with the final form.

In these circumstances, this application has become infructuous and the same is disposed of with an observation that in case the court below differs with the final form and takes cognizance, the petitioners will be liberty to challenge the same in an appropriate proceeding.

Accordingly, this application is disposed of. (Sandeep Kumar, J) Harsh/ U