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Patna High CourtCR. MISC./8961/2023dismissed

Chhotelal Sharma v. The State Of Bihar

2023-02-08Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8961 of 2023 In CRIMINAL MISCELLANEOUS No.50353 of 2022 Arising Out of PS. Case No.-291 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Chhotelal Sharma Son of Sri Ram Sharma R/O Vill. - Kapoorpur, P.S.- Brahampur, Dist.- Buxar.

2.

Sanju Devi Wife of Chhotelal Sharma R/O Vill. - Kapoorpur, P.S.- Brahampur, Dist.- Buxar.

3.

Vikki Sharma @ Vikki Kumar Son of Chhotelal Sharma R/O Vill. - Kapoorpur, P.S.- Brahampur, Dist.- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-02-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The present modification application has been filed for modifying the order dated 10.11.2022. passed in Cr. Misc. No.50353 of 2022.

By the order dated 10.11.2022, the petitioners seek permission to withdraw the application. The permission is accorded and the case is dismissed as withdrawn.

Patna High Court CR. MISC. No.8961 of 2023(2) dt.08-02-2023 2/2 The present application has been filed by the petitioners on the ground that due to laches on the part of the counsel of the petitioners, the petitioner no. 1 namely, Chhotelal Sharma was arrested by the police, so learned counsel for the petitioners has filed mention slip to withdraw the case in favour of petitioner no. 1 only.

But due to communication gap the learned counsel for the petitioners has filed the mention slip dated 07.11.2022 for withdrawal of the Cr. Misc. No. 50353 of 2022. In view of the aforesaid facts and circumstances, the instant modification petition is dismissed.

(Rajesh Kumar Verma, J) Vanisha/- U T