IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29401 of 2009
Bidhan Chandra Upadhyay & Anr
Versus
State Of Bihar & Anr
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03/ 24.10.2011 None responded on behalf of the petitioners. Learned
counsel for opposite party no.2 appears though no notice has been
issued to opposite party no.2.
It is pointed out by learned counsel for opposite party
no.2 that this petition under section 482 of the Cr.P.C has been
preferred against the order dated 4.5.2009 passed by the learned
Chief Judicial Magistrate, Nawada in Complaint case no.334/2009
by which and where under having found prima facie case under
sections 323 and 379/34 of the IPC the learned court below has
ordered to issue process against the petitioners. It is further pointed
out by him that charges have already been framed against the
petitioners and the case is pending for recording the evidence of the
prosecution.
Taking into consideration the aforesaid submissions as
well as this aspect of the matter that the petitioners are not
interested to press this petition as they have not made their
appearance before this court not only today but also on 13.10.2011
when the matter was taken up for hearing, let this petition stand
dismissed for non-prosecution.
Let this order be sent to the court concerned.
shahid (Hemant Kumar Srivastava,J)