IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40147 of 2004
1.BIJAY KUMAR CHAUDHARY, S/O Late U.N. Chaudhary
2.VIKKI CHAUDHARY, S/O Bijay Kr. Chaudhary
3.SMT. SUSHAMA CHAUDHARY, W/O Bijay Kr. Chaudhary
All Resident of Village Navatolia, P.S. Bihpur(Bhawanipur) Distt.Bhagalpur.
............Petitioners.
Versus
1.THE STATE OF BIHAR
2.MRITYUNJAY KR. CHAUDHARY, S/O Late Upendra Narayan Chaudhary,
Resident of Village Navatolia, P.S. Bihpur(Bhawanipur), Distt Bhagalpur.
........Opposite Parties.
For the Petitioner : Mr. Ajay Kumar Thakur, Mr. Amit Kumar, Adv.
For the O.P. No. 2 : Mr. Sunil Kumar Singh, Mr. Rajeeve Ranjan Singh,Adv.
For the State : Mr. Murli Dhar, A.P.P.
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04. 29.07.2010 Heard learned counsel for the petitioners, opposite party
no. 2 and Additional Public Prosecutor for the State.
This application under Section 482 Cr.P.C. has been
filed seeking quashing of order dated 15.10.2004 passed by Additional
Chief Judicial Magistrate, Naugachia taking cognizance for the
offence under Sections 323, 448, 504, 379 of the Indian Penal Code
against all the six named accused persons in Complaint Case No. 134
of 2004, filed by Opposite Party No. 2.
The three petitioners here are also named accused
persons out of the six named in the complaint. After some arguments
the learned counsels representing the parties arrived at this agreement
that there is some material against petitioner no. 1 Bijay Kumar
Chaudhary. In that view of the matter, learned counsel for the
petitioners with extent to the petitioner no. 1 Bijay Kumar Chaudhary,
seeks permission to withdraw this application, at the same time
2
learned counsel for opposite party no. 2 also favorably conceded that
there is no material to proceed against rest of the petitioners, Vikki
Chaudhary and mother Smt. Sushama Chaudhary, so the impugned
order may be quashed with respect to them in view of the agreement
entered into between the members of Bar.
Considering the factual and legal aspect without further
adjudication on merit, this application with respect to petitioner no. 1
i.e. Bijay Kumar Chaudhary stands dismissed as withdrawn, but with
respect to petitioner no. 2 and 3 i.e. Vikki Chaudhary and Smt.
Sushama Chaudhary stands allowed, impugned order to their extent is
quashed.
Praveen ( Akhilesh Chandra, J.)