Patna High CourtCR. MISC./33651/2013withdrawn

Lalit Narayan Choudhary v. State Of Bihar And ANR

2019-02-01Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33651 of 2013 Arising Out of Case No.-733 Year-2007 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Lalit Narayan Choudhary S/O Late Bhuneshwar Choudhary Resident Of Village- Sinarbani, Police Station- Bhargama in the district of Araria. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Shailendra Kumar S/O Braj Kishore Mahto Resident Of Village- Shiripur, Police Station- Ghosi in the District of Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar and Mr. Navin Kumar, Advocates For the State :

Mr. Jharkhandi Upadhyay, APP For the O.P. No. 2 :

Mrs. Archana Shahi and Mr. Alok Kumar Shahi, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-02-2019 Heard learned counsel for the petitioner; Mr. Jharkhandi Upadhyay, learned A.P.P. for the State and learned counsel for the Opposite Party No. 2.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief: "That this is an application for quashing the order dated 24.3.2009 passed by learned Chief Judicial Magistrate, Jehanabad in Complaint Case No. 733 of 2007, whereby after taking cognizance, sommons were ordered to be issued against the accused

Patna High Court Cr.Misc. No.33651 of 2013 dt.01-02-2019 2/2 persons including the petitioner finding the case true Prima facie under Sections 323, 379, 427, 447 and 504 of the I.P.C."

3. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the application with liberty to file a proper application before the court below itself at the appropriate stage.

4. In view thereof, as prayed for, the application stands disposed off as withdrawn with liberty aforesaid.

5. If the petitioner files any application before the court below at the appropriate stage, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.

6. Let the Lower Court Records be returned forthwith. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T