High Court Patna High Court - Orders

Md. Gafoor And Ors. vs The State Of Bihar on 20 April, 2011

Patna High Court – Orders
Md. Gafoor And Ors. vs The State Of Bihar on 20 April, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.13142 of 2011
  1.     Md. Gafoor, son of Late Bhutta Mian
  2.     Md. Mozim son of late Bhutta Mian
  3.     Amirul Begam @ Amirul Khatoon
  4.     Mariyam Khatoon wife of Md. Mozim
  5.     Phool Mohammad son of Md. Gafoor
  6.     Dil Mohammad son of Md. Gafoor
  7.     Noor Mohammad @ Noore Alam son of Md. Gafoor
  8.     Md. Sultan son of late Bhutta Mian
  9.     Shawila Khatoon, wife of Md. Gafoor
  10. Sahidan Begam, wife of Md. Sultan
     All resident of village - Bedaul Ashli, P.S. - Aurai, District - Muzaffarpur.
                                                                  --------- Petitioner.
                                      Versus
THE STATE OF BIHAR                                              ---- Opposite Party.
                                     -----------

02. 20.04.2011 Heard learned counsel for the petitioners

and learned Additional Public Prosecutor for the State.

This application has been filed on behalf of

the petitioners for setting aside the order dated

18.09.2010 passed in Criminal Revision No. 131/2010

by District and Sessions Judge, Muzaffarpur, learned

judge allowed the petition of opposite party no.2

wherein he challenged the order dated 26.05.2010

passed by Smt. Anindita Singh J.M. 1st Class,

Muzaffarur, who dismissed the Complaint petition

under Section 203 of the Code of Criminal Procedure

as well as setting aside the order dated 10.12.2010

passed in Complaint Case No. 3615/2009 taking

cognizance for the offence under section 304(B), 201,

504, 323 and 34 of the Indian Penal Code.

Earlier Complaint Case was dismissed under
2

section 203 of the Code of Criminal Procedure vide

order dated 26.05.2010 but Criminal Revision No.

131/2010 was preferred before the learned Sessions

Judge, Muzaffarpur vide order dated 18.09.2010

allowed the Revision petition basing whereof

cognizance was taken.

After some argument, learned counsel for

the petitioners seeks permission to withdraw this

application with a liberty to agitate all his points

before the trial court at appropriate stage preferably at

the time of hearing on the point of charge.

With the above liberty, this application

stands disposed of as withdrawn.

Rajeev/                              ( Akhilesh Chandra, J.)