The Patna High Court dismissed a criminal miscellaneous application for quashing the rejection of a discharge petition, ruling that the trial had commenced with witness examination, rendering the application infructuous.
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Patna High Court Cr.Misc. No.17100 of 2011 (4) dt.03-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17100 of 2011
======================================================
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh, Advocate. For the Opposite Party/s : Mr. Dharmendra Kumar Singh.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
This application has been filed for quashing the order dated 7.4.2011 passed by the A.S.J. (F.T.C. No. 5) in S.Tr. No.261 of 2010 by which the court below has rejected the discharge petition filed by the petitioners.
Learned counsel for opposite party no.2 has pointed out that in this case trial has already begun and 2-3 witnesses have already been examined.
In this view of the matter, this application has been
Patna High Court Cr.Misc. No.17100 of 2011 (4) dt.03-09-2012
rendered infructuous. Accordingly this application is dismissed as having become infructuous with a liberty to raise all the points before the court below at the appropriate stage.
Vinay/-
(Shivaji Pandey, J)
Kamendra Choudhary and Others
The State of Bihar
Shivaji Pandey
As recorded by the court registry
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