Dismissed

Bal Karan v. the Union of India through Central Bureau of Investigation CBI

Jharkhand HC16 Dec 2019Cr.Rev./938/2019

Case brief

AI extract

What is this about?

This order allows the withdrawal of Cr. Revision No. 938 of 2019 filed for quashing an order rejecting a discharge petition. The High Court dismissed the revision as withdrawn with liberty to raise points before the lower court without prejudice.

What did the court decide?

Permission granted to withdraw the petition with liberty to raise all points before the lower court.

Bal Karan Vs the Union of India through Central… — Criminal Trial and Appeal | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No. 938 of 2019

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Bal Karan, aged about 69 years, Son of Late Khujhoo Ram, Resident of 24 Mewatipur, P.O. Mayabazar, P.S. Sadar, District Gorakhpur. … … Petitioner

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Versus

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Union of India through Central Bureau of Investigation … (CBI). … Respondent ---

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Ms. Rakhi Sharma, Advocate For the State-C.B.I. : Mr. Rajiv Nandan Prasad, Advocate ---

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06 /16.12.2019

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1. Heard Ms. Rakhi Sharma, learned counsel appearing on behalf of the petitioner.

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2. Heard Mr. Rajiv Nandan Prasad, learned counsel appearing on behalf of the State-C.B.I.

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3. This petition has been filed for the following reliefs: - “for quashing of order dated 14.05.2019 passed by Ld. Judge Shri A.K. Mishra No.-1, Special Judge, CBI, Ranchi in Misc. Criminal Application No. 550/2019 in connection with R. C. Case No. 8(S)/2015/CBI/EOW/R, in which cognizance has been taken under section 120-B, 420, 467, 468 & 471 I.P.C. & under section 13(2) r/w 13(1) (d) P.C. Act, whereby and whereunder the said petition for discharge u/s 227 of Cr.P.C. filed by the Petitioner has been rejected with a finding that there is sufficient material against the Petitioner to frame charge for the alleged offence.”

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4. Learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to raise all the points which have been raised in the present petition as well as any other point that may be available to the petitioner before the learned court below at appropriate stage. She submits that

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dismissal of this petition may not prejudice the case of the petitioner in any manner before the learned court below.

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5. Learned counsel for the State-C.B.I. has no objection to the prayer made.

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6. Permission for withdrawal of this petition, is accorded.

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7. Accordingly, Cr. Revision No. 938 of 2019 is hereby dismissed as withdrawn with a liberty to the petitioner to raise all the points which have been raised in this petition as well as any other point that may be available to the petitioner before the learned court below at appropriate stage in accordance with law.

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8. However, it is made clear that dismissal of this petition will not prejudice the case of either parties before the learned court below in any manner whatsoever.

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9. Interim order, if any, stands vacated.

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10. Pending interlocutory applications, if any, are also dismissed as not pressed.

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11. Let a copy of this order be communicated to the learned court below through ‘FAX’.

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(Anubha Rawat Choudhary, J.)

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Mukul

Bal Karan v. the Union of India through Central Bureau of Investigation CBI

Case brief

What is this about?

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Bal Karan v. the Union of India through Central Bureau of Investigation CBI

Case brief

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