The Patna High Court allowed a criminal miscellaneous application seeking quashing of an order of non-discharge, setting it aside in view of a compromise in the underlying complaint case.
The order of non-discharge dated 09-02-2009 was set aside.
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.16094 of 2009
Arising Out of PS.Case No. -0 Year- null Thana -null District- BHOJPUR =========================================================== Abhay Kumar Singh
.... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s with =========================================================== Criminal Miscellaneous No. 14748 of 2009
Arising Out of PS.Case No. -0 Year- null Thana -null District- BHOJPUR
=========================================================== D.P.Chakraborty @ Debi P.Charabarty & Anr
.... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s =========================================================== Appearance : (In Cr.Misc. No. 16094 of 2009) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. (In Cr.Misc. No. 14748 of 2009) For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-07-2015
No one appears on behalf of the O.P. No. 2.
The petitioners seek quashing of the order of none discharge dated 09.02.2009 passed by the Judicial Magistrate 1st Class, Ara in Complaint Case No. 1350(C) of 2003, Trial No. 1006 of 2008.
It has been submitted that subsequently the matter was compromised as is evident from the counter affidavit filed on behalf of the complainant.
Patna High Court Cr.Misc. No.16094 of 2009 dt.17-07-2015
2/2
In view of such, the application is allowed and the order of none discharge dated 09.02.2009 passed by the Judicial Magistrate 1st Class Ara in Complaint Case No. 1350(C) of 2003, Trial No. 1006 of 2008 is hereby set aside.
(Anjana Prakash, J)
Prakash/U T
Abhay Kumar Singh & D.P.Chakraborty
State of Bihar & Anr
Anjana Prakash
As recorded by the court registry
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