Ajit Kumar v. The State Of Bihar Through Home Secretary, Deptt. Of Home, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.343 of 2015 ====================================================== Ajit Kumar son of Sri Anup Lal Yadav, resident of village- Goraiya Bathan, P.S.- Gogri, Jamalpur, District- Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar through Home Secretary, Department of Home, Bihar, Patna

2. The Additional Public Prosecutor, Bhagalpur in Sessions Trial No. 456/2013, Tr. No. 67/2014 pending before Learned 6th Additional Sessions Judge, Bhagalpur

3. Janardan Prasad Yadav, son of Adhit Lal Yadav, resident of villageAraria, P.O.- Balha, P.S.- Parbatta, District- Khagaria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Respondent/s : Mr. Ajit Kumar, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-01-2016 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 petitioner seeks the following reliefs: (i) To quash the order dated 12.01.2015 passed by learned 6th Addl. Sessions Judge, Bhagalpur in Sessions Trial No. 456/2013, Tr. No. 67/14 whereby learned court below has given up the name of 14 charge-sheet witnesses from giving evidence on behalf of prosecution.

(ii) To quash the order dated 27.01.2015 passed by Learned 6th Addl. Sessions Judge, Bhagalpur in S.T. No. 456 / 2013, Tr. No. 67 / 2014 whereby Learned Court has rejected the petition dated 27.01.2015 filed on behalf of

Patna High Court Cr. WJC No.343 of 2015 (2) dt.27-01-2016 2/2 the petitioner for issue summons to aforesaid 14 given up witnesses for their examination as court witness.

(iii) To quash the order dated 21.02.2015 passed by Learned 6th Addl. Sessions Judge, Bhagalpur in S.T. No. 456 / 2013, Tr. No. 67 / 2014 whereby the petition filed by the petitioner for calling for supplementary case diary of G.R.Case No. 1962/2012 from the court of Learned S.D.J.M., Bhagalpur has been rejected.

(iv) To quash the order dated 17.03.2015 passed by Learned 6th Addl. Sessions Judge, Bhagalpur in S.T. No. 456 / 2013, Tr. No. 67 / 2014 whereby learned court below has given up the name of one of charge sheet witness Bhavesh Kumar and further rejected the petition filed by the petitioner for examination of charge sheet witness Bhavesh Kumar as court witness."

At the outset, 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