Mukesh Kumar v. The Union Of India Through Dg, Rpf

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67867 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- MOKAMA RPF/POST District- Patna ====================================================== Mukesh Kumar Son Of Srawan Kumar Mohalla- Gurudeo Tola W.No-2, PSMokama Dist- Patna ... ... Petitioner/s

Versus

The Union of India through DG, RPF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr. Advocate Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. K.N. Singh(A.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-09-2024 This is an application for quashing the order dated 04.09.2022 passed in Trial No. 479 of 2022 arising out of R.P.F., Post Mokama P.S. Case No. 186 of 2022 by learned Rail Judicial Magistrate, Patna taking cognizance under Section 143 of Railways act.

2. After some arguments, learned senior counsel for the petitioner; Shri Yogesh Chandra Verma prays for and is permitted to withdraw this application with liberty to raise all the grounds at the stage of framing of charge including the maintainability of the F.I.R. lodged by the R.P.F.

3. If such an application is filed, the trial court will consider the same and pass a reasoned order in light of the judgment of Hon'ble Supreme Court in the case of Kanchan

Patna High Court CR. MISC. No.67867 of 2023(2) dt.05-09-2024 2/2 Kumar V/s State of Bihar; (2022) 9 SCC 577.

4. With the aforesaid observation and direction, this application is dismissed as withdrawn.

(Sandeep Kumar, J) Shishir/- U T