Patna High CourtCR. MISC./53151/2013dismissed

Vinod Choudhary And ORS v. State Of Bihar And ANR

2017-01-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53151 of 2013 Arising Out of PS.Case No. -255 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Vinod Choudhary S/O Jagdish Choudhary Resident of VillageMahinathpur, P.S.- Basopatti, District- Madhubani

2. Raj Kumar Choudhary S/O Jagdish Choudhary Resident of VillageMahinathpur, P.S.- Basopatti, District- Madhubani

3. Ashutosh Kumar Choudhary @ Kanhaiya S/O Vinod Choudhary Resident of Village- Mahinathpur, P.S.- Basopatti, District- Madhubani

4. Baby Devi W/O Vinod Choudhary Resident of Village- Mahinathpur, P.S.- Basopatti, District- Madhubani

5. Bhola Choudhary S/O Raj Kumar Choudhary Resident of VillageMahinathpur, P.S.- Basopatti, District- Madhubani

6. Mohini Devi W/O Bhola Choudhary Resident of Village- Mahinathpur, P.S.- Basopatti, District- Madhubani .... .... Petitioners

Versus

1. The State of Bihar

2. Ram Kishore Thakur, son of Mahendra Narayan Thakur, resident of village Nagwas, P.S. Arer, District Madhubani .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Dr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioners.

This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 25.7.2013 passed by learned Judicial Magistrate, 1st Class, Madhubani, in Complaint Case No. 255 of 2013 by which cognizance has been taken under Sections 323, 342, 504, 379 and 384 of the Indian Penal Code against the petitioners and processes have been issued for facing trial.

Patna High Court Cr.Misc. No.53151 of 2013 (3) dt.25-01-2017 2/2 At the very outset, it is submitted on behalf of the petitioners that the criminal proceeding of the court below has already been dropped in view of the order of this Court dated 20.5.2015 passed in Cr.Misc.No.20519 of 2014 and, as such, this application has become infructuous.

Heard learned APP also.

Learned APP has no objection to the submission made on behalf of the petitioners.

This application is dismissed as being infructuous. (Vinod Kumar Sinha, J) spal/- U