Shanti Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17339 of 2016 Arising Out of PS.Case No. -80 Year- 2009 Thana -JANKINAGAR District- PURNIA ======================================================

1. Shanti Devi, W/o Late Kedar Prasad Jaiswal

2. Rabindra Kumar @ Ravi S/o Late Kedar Prasad Jaiswal Both are resident of Village -Piparahi P.S.- Raghopur, District- Supaul. .... .... Petitioners

Versus

1. The State of Bihar.

2. Rashmi Rani @ Khushboo W/o Raj Kumar D/o Surya Narayan Chaudhary, resident of Village- Chaupra Ram Nagar, P.S.- Janki Nagar, District- Purnia.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Ms. Anusaiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-04-2018 It is submitted by the learned counsel for the petitioners that during pendency of this application, petitioner no.1 Shanti Devi has already died.

In view of the submission made above, learned counsel for the petitioners is directed to delete the name of petitioner no.1 Shanti Devi from the cause title of the petition in the course of the day and rearrange the party position. Rabindra Kumar @ Ravi S/o Late Kedar Prasad Jaiswal, resident of village-Piparahi P.S.- Raghopur, District- Supaul. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rashmi Rani @ Khushboo W/o Raj Kumar D/o Surya Narayan Chaudhary, resident of Village- Chaupra Ram Nagar, P.S.- Janki Nagar, District- Purnia. .... .... Opposite Parties

Patna High Court Cr.Misc. No.17339 of 2016 (2) dt.16-04-2018 Heard learned counsel for the petitioner Rabindra Kumar @ Ravi and learned counsel for the State. This application under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.') has been field by the petitioner for quashing the order dated 14.06.2010 passed by the learned Chief Judicial Magistrate, Purnea in Jankinagar P.S. Case No.80 of 2009 whereby he has taken cognizance of the offence punishable under Sections 498A, 313, 323, 379 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act as also for quashing the order dated 15.09.2015 passed in Cr. Rev. No.327 of 2010 by the learned 4th Additional Sessions Judge, Purnea whereby he has rejected the revision application of the petitioner.

After some arguments, learned counsel for the petitioner sought leave to withdraw the present application in order to raise all the points available to the petitioner at the stage of framing of charge.

Leave is granted.

The application is disposed of.

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