Patna High CourtSLA/34/2018withdrawn

Nagendra Jha v. The State Of Bihar And ORS

2018-11-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.34 of 2018 Arising Out of PS. Case No.-2203 Year-2007 Thana- PATNA COMPLAINT CASE District- Patna ========================================== Nagendra Jha S/o Late Raghubeer Jha, Resident of MohallaMithapur B. Area, P.S.- Jakkanpur, District- Patna. ... ... Appellant/s

Versus

1. The State of Bihar.

2. Shahid Karim, S/o Name not known, Assistant Manager, catering, Indian Railway Catering and Tourism Corporation Ltd. Biscomaun Bhawan, 4th Floor, P.S. Gandhi Maidan, Town and District- Patna.

3. Shailendra Kumar Ojha, S/o name not known, Commercial Inspector (General), E.C. Railway, Patna Junction, P.S. G.R.P. Town, and District- Patna.

4. Binod Kumar Chaudhary, S/o name not known, Station Manager, Patna Junction, P.S. G.R.P. Town and District- Patna. ... ... Respondent/s ========================================== Appearance :

For the Appellant/s :

Mr. Dineshwar Prasad Singh, Adv For the Respondent/s :

Mr. Sri Zeyaul Hoda, APP ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-11-2018 The petitioner has filed the present application on some misconception that the respondents have been acquitted.

The aforesaid misconception has arisen because of the wrong usage of the word "acquitted" by the learned Trial Court while giving the benefits of the provisions of Section 3 of the Probation of Offenders Act, 1958 to the respondents

Patna High Court SLA No.34 of 2018(3) dt.20-11-2018 2/2 who have been convicted under Sections 323, 504 and 34 of the Indian Penal Code.

Merely because while passing the sentence the Trial Court has wrongly used the word "acquitted", the present leave petition would not be maintainable. When this fact was explained to the learned counsel for the petitioner, he has chosen to withdraw the present petition.

The petition is therefore dismissed as withdrawn. In case the petitioner intends to challenge the aforesaid sentence, he may do so in accordance with law. (Ashutosh Kumar, J) Shageer/- U T