Patna High CourtCR. MISC./43749/2013dismissed

Anish Kumar v. State Of Bihar And ANR

2018-04-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43749 of 2013 Arising Out of PS. Case No.-93 Year-2013 Thana- BARH District- Patna ====================================================== Anish Kumar S/O Surinder Prasad Resident Of Salempur, Gola Road, Barh, District - Patna, P.S. Barh ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Nikhil Poddar S/O Vinod Kumar Poddar, Proprietor Vinod Kumar & Brothers, 200 Jagnnaghat Cross Road, South Kolkata ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh For the Opposite Party/s :

Mr. Sandeep Kumar &Mr. Abhishek Kr.

Advocates.

For the State :

Mr. Jharkhandi Upadhyay, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 05-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Learned counsel for the informant has submitted that some other accused persons of Barh P.S. case no. 93 of 2013 has moved this Court under Section 482 Cr. P.C. vide Cr. Misc. no. 43763 of 2013, Cr. Misc. no. 34013 of 2014 and Cr. Misc. no. 44726 of 2013 and all these petitions were heard together and by common judgement dated 21.04.2016 passed by this Hon'ble Court the quashing application has been dismissed holding that all the matters as mentioned in the written report are disputed question of fact which cannot be adjudicated in the

Patna High Court Cr.Misc. No.43749 of 2013 dt.05-04-2018 2/2 quashing proceedings. The petitioners are given liberty to raise all the plea as has been taken in the present petition in their defence either at the stage of framing of charge or at the subsequent stage of trial. This petition may also be disposed of in terms of the direction passed by this Court earlier in the aforesaid judgment.

Accordingly, this Cr. Misc. petition is hereby dismissed with liberty to the petitioner to raise all the points as raised in this petition either at the time of framing of charge or at the subsequent stage of trial which shall be considered by the learned Court below in accordance with law.

The interim order passed by a co-ordinate Bench of this Court on 19.04.2017 stands vacated.

(Sanjay Priya, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.4.2018 Transmission Date 10.4.2018