IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46158 of 2008
Laxman Prasad
Versus
The State Of Bihar & Anr
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02. 10.08.2011 This is an application for quashing and setting
aside the order dated 09.10.2002 taking cognizance of the
offences under sections 420, 120B, 323, 379 and 427 of
the I.P.C. in Complaint Case No.600 of 2002 (Trial
No.383 of 2008) pending in the court of Sri Hasan Newaz
learned S.D.J.M. (East), Muzaffarpur.
Heard learned counsel for the petitioner and
learned counsel for the State.
Submission of learned counsel for the
petitioner is that on the date of occurrence petitioner
appeared in an examination conducted by his Department
in Chandrapura, Maharashtra and was present there, far
away from Muzaffarpur and now complainant has no
interest to continue with the proceeding as he was set-up
by some Ghanshayam Prasad for differences in between
him and his wife, who is sister of this petitioner. His
further submission is that a petition has also been filed by
the complainant to the above effect in the trial court.
Now the petitioner is satisfied if trial court
disposes of the case in the light of material including
petition dated 31.5.2007 filed by complainant. Trial court
is expected to consider the above material into
consideration while finally disposes of the case.
2
Petition (case) is disposed of accordingly.
Vikash (Mandhata Singh, J.)