Petitioners sought leave to withdraw an application under Section 482 CrPC challenging an order framing a prima facie case for offences under Sections 302/328/34 IPC. The court granted leave to withdraw and dismissed the application accordingly.
Leave to withdraw the application granted; application dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17569 of 2013
====================================================== 1. Feku Rai son of late Bilat Rai 2. Gajadhar Rai son of Feku Rai Both are residents of Village- Shishava, P.S.- Parihar, District- Sitamarhi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3. 12-05-2014 Heard learned counsel for the petitioners and learned counsel for the State.
The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the order dated 1st March, 2013 passed by the Sub-Divisional Judicial Magistrate, Sitamarhi (Sadar) in Protest Petition C1- 79 of 2012 corresponding to Trial No.3288 of 2013 by which finding a prima facie case to be made out for the offences punishable under Sections 328 and 302 read with 34 of the Indian Penal Code, cognizance of the offence has been taken against the petitioners and summons have been issued against them to face the trial.
After some arguments, learned counsel for the petitioners seeks leave to withdraw this application in order to raise all the points available to the petitioners at the stage of
Patna High Court Cr.Misc. No.17569 of 2013 (3) dt.12-05-2014
2/2
framing of charge.
Leave is granted.
The application is dismissed as withdrawn.
(Ashwani Kumar Singh, J)
Sunil/-
2 issues framed by the court
Whether leave should be granted to withdraw a criminal miscellaneous application seeking quashing of an order framing a prima facie case.
Whether the present application should be disposed of as is withdrawn by the petitioners.
1 provisions across 1 enactments
Feku Rai son of late Bilat Rai
Gajadhar Rai son of Feku Rai
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
