IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P.No.1266 of 2009
1. Samarjeet Kaushlesh.
2. Satish Kaushlesh.
3. Hari Gosai @ Hari Nath Gosai. ... ...Petitioner(s)
-Versus-
1. The State of Jharkhand.
2. Sita Ram. ... ... ... ... ...Opp. Parties
------------
CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA
For the Petitioner(s): Mr. Shiv Ranjan Singh, Advocate(s).
For the State: A.P.P.
For the O.P.No.2: Mr. S.K.Singh, O.P.No.2
-------------
06/ 29.03.2011
Learned Counsel for the petitioners submitted that his name has
been wrongly mentioned on the cause title of the petition as Shiv Ranjan Singh.
He further submitted that this petition under Section 482 Code of Criminal
Procedure was filed on behalf of the petitioners-accused on 16.09.2009 and
could not be taken much earlier for disposal though it was filed against the order
impugned by which cognizance of the offence was taken in Complaint Case
No.495 of 2004 and the prima facie case was found against the petitioner under
Sections 323/465/504 of the Indian Penal Code but in view of development that
the complainant has adduced all his witnesses and the statement of the
accused has been recorded under Section 313 Code of Criminal Procedure, it
would not be appropriate at this stage to continue this petition and hence he
should be permitted to withdraw this petition with the liberty to produce the
defence on behalf of the petitioner in the Trial Court below and also to take plea
of alibi.
In the facts and circumstances, the prayer for withdrawal is
allowed. Acccordingly, this petition is dismissed as withdrawn.
[D.K.Sinha,J.]
P.K.S.