Petitioner filed a writ application under Articles 226 and 227 seeking investigation stay and fresh inquiry. Petitioner sought leave to withdraw to agitate claim lower down. Court granted leave and dismissed application.
Leave to withdraw the application granted; application dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.354 of 2015
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Bimlesh Thakur @ Chhatu Thakur @ Bimlesh Kumar Thakur S/o Awadh Bihari Thakur, resident of village + P.O. - Chakki (Jaipal Thakur Ka Dera), P.S. - Brahmpur (O.P. Chakki), District - Buxar.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar, Advocate For the Respondent/s : Mr. Rajiv Roy, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 28-01-2016 In the present application preferred under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner in para-1 is as under:
Patna High Court Cr. WJC No.354 of 2015 (2) dt.28-01-2016
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aforesaid P.S. Case on basis of false and concocted statements of the informant / interested witness without making proper investigation on the application given by the Petitioner’s mother to the Respondent authorities but they are inspite of making proper investigation and relying upon the statements of the informant / interested witnesses of the concerned P.S. as a wholly truth the Petitioner has been made one of the accused persons which is not legal, proper and also against the natural justice. And further this writ application is also for issuance of appropriate writ or rule for stay the further proceeding of the said case unless the fresh investigation and charge sheet submitted.”
In view of the assertions made in the counter affidavit filed on behalf the respondent no.6 as also in the counter affidavit filed on behalf of the respondents no.7, 8 and 10, learned counsel for the petitioner seeks leave to withdraw the present application in order to agitate his claim before the jurisdictional Magistrate.
Leave is granted.
The application is dismissed as withdrawn.
(Ashwani Kumar Singh, J)
Md.S./-
U T
1 issue framed by the court
Whether to grant leave to withdraw the writ application so that the petitioner can agitate the claim before the jurisdictional Magistrate.
1 provisions across 1 enactments
Bimlesh Thakur
The State of Bihar
The Director General of Police, Bihar
The Additional Director General of Police, C.I.D.
The Inspector General of Police, Patna
The Deputy Inspector General of Police, Sahabad Range, Rohtas
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
