Arun Kumar @ Dr. Arun Kumar v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.359 of 2015 ====================================================== Arun Kumar @ Dr. Arun Kumar S/o Shri Brajnandan Sharma, resident of Braj Indu Kunj, Behind Passport Office, Khajpura Ashiana, PS- Rajeev Nagar, District- Patna, presently Member of Parliament (MP) from Jehanabad Parliamentary Constituency.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The Inspector General of Police, Patna Zone, Patna

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

5. The Senior Superintendent of Police, Patna

6. The Superintendent of Police (Rural), Patna

7. The Sub Divisional Police Officer, Barh, District- Patna

8. The Station Head Officer, Pandarak Police-Station, District- Patna

9. The Investigating Officer of Pandarak P.S. Case No. 106 of 2009, Pandarak Police Station, District Patna

10. Chandan Kumar S/o Shri Ramanand Singh, resident of village- Dhibar, PS- Pandarak, District- Patna, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan, Advocate For the Respondent/s : Mr. Purnendu Singh, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-01-2016 In the present application preferred under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner in para-1 is as under:

"1. That the present writ application has been filed for the following reliefs:- (I). That the present writ application is being filed for issuance of an appropriate writ order/direction(s) in the nature of CERTIORARI for quashing the entire first information report and consequently his prosecution in connection with Pandarak PS Case No.106/2009 dated 09.09.2009 registered

Patna High Court Cr. WJC No.359 of 2015 (2) dt.28-01-2016 2/2 for offence under Sections 363 and 365 of the Indian Penal Code.

II. For restraining the respondents from proceeding with any investigation against the petitioner in view of the fact that no offence is made out against the petitioner.

III. For restraining the respondents from taking any coercive measures against the petitioner in view of the fact that no case is made out against the petitioner and he has committed no offence.

IV. And for any other relief(s) for which the petitioner may be found to be entitled to in the present facts and circumstances of the case." In view of the assertions made in the paragraph-9 of the counter affidavit in which it has been categorically stated that on completion of investigation the police have submitted final report under Section 173(2) of the Code of Criminal Procedure, learned counsel for the petitioner seeks leave to withdraw this application. Leave is granted.

The application is dismissed as withdrawn.

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