IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12273 of 2009
SURESH MOHAN DATTA, Son of Late Ram Mohan Datta, Resident of Mohalla Netaji Subhash
Path, P.S. Kotwali, District Gaya.
.........Petitioner
Versus
1.
THE STATE OF BIHAR
2.SHANKAR YADAV, Son of Late Gopal Yadav, Resident of Mohalla Makhlot Ganj, P.S.
Kotwali, District Gaya.
……..Opposite Parties
02/- 30-09-2010 Heard learned counsel for the petitioner and
Additional Public Prosecutor for the State.
This is an application under Section 482 of the
Code of Criminal Procedure seeking quashing of order
dated 16.5.2007 arising out of Complaint Case No. 1378 of
2006, taking cognizance for the offence under Sections 420,
406, 323 and 504 of the Indian Penal Code by Sri Aloke
Raj, Judicial Magistrate, 1st Class, Gaya.
The initial argument of learned counsel for the
petitioner is that controversy between the parties is of purely
civil nature, in view of the contents made in the complaint
regarding difference of area of the land as pointed out by
learned Additional Public Prosecutor brings the case under
the purview of criminal court.
After some arguments, learned counsel for the
-2-
petitioner seeks permission to withdraw this application
with a liberty to make endeavors for disposal of the case
preferably by amicable settlement or agitate all his points
before the court below at appropriate stage.
Permission is granted.
Accordingly, this application stands dismissed as
withdrawn.
Praveen (Akhilesh Chandra, J.)