Prasant Raj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42205 of 2013 ======================================================

1. Prasant Raj Son Of Jagdish Baitha Resident Of Village - Khaira, P.S. - Rajoun, District - Banka .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Siyaram Das Son Of Saligram Das Resident Of Village - Bagdumba, P.S. Bounsi, District - Banka .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner. No one appears for the State.

Learned counsel for the petitioner assails the order taking cognizance relying upon certain Annexures enclosed by him with the present application. However, those Annexures are not part of the records on the basis of which cognizance has been taken.

This Court sitting under Section 482 Cr.P.C. is not supposed to rely upon the Annexures which are not credible and/or did not from the part of the records available before the learned Magistrate whose order is being assailed In these circumstances, after some arguments, the petitioner seeks permission to withdraw this application with a liberty to raise all these issues

Patna High Court Cr.Misc. No.42205 of 2013 (6) dt.05-07-2017 2/2 at the time of framing of charge before the court below. Leave is granted. The application is disposed of with the liberty aforesaid.

(Rajeev Ranjan Prasad, J) sushma/- U