High Court Patna High Court - Orders

Ram Nandan Prasad &Amp; Ors vs State Of Bihar &Amp; Anr on 15 November, 2010

Patna High Court – Orders
Ram Nandan Prasad &Amp; Ors vs State Of Bihar &Amp; Anr on 15 November, 2010
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.38589 of 2007

                  1. RAM NANDAN PRASAD , Son of Late Ganauri Mahto,
                  2. Fool Kumari @ Lilawati wife of Ram Nandan Prasad
                  3. Patiya Devi wife of Late Ganauri Mahto
                  4. Bhola Mahto son of Late Ganesh Mahto
                     All residents of Village- Tilaiya, P.S. Banke Bazar, District-Gaya
                                                              ------------------Petitioners
                                             Versus
                  1. THE STATE OF BIHAR
                  2. Umesh Singh, Son of Late Raj Keshwar Singh Mehta, resident of
                     Village- Dugul, P.S. Kasma, District-Aurangabad --- Opp.Parties.
                                                  -----------

For the petitioners: S/Sri Krishna Prasad Singh, Sr. Advocate
Manish Kumar No.3
For the State: Smt. Pushpa Sinha, A.P.P.
For Opp.Party No.2: Sri Pawan Kumar, Advocate.

————-

04 15-11-2010 The present petition was filed against the order dated

16.5.2007 passed by learned Additional Sessions Judge,

F.T.C.III, Aurangabad in S.Tr.No.12 of 2006/ 13 of 2006. By the

said order, the learned trial judge has rejected the petition for

discharge filed on behalf of the petitioners under Section 227 of

the Code of Criminal Procedure.

At the time of arguments, it was intimated by Sri

Pawan Kumar, learned counsel appearing on behalf of Opp.Party

no.2 that during the pendency of the present petition, charges

were framed against all the accused persons and altogether three

prosecution witnesses have already been examined.

After noticing this fact, Sri Krishna Prasad Singh,

learned Senior Counsel for the petitioners seeks permission to

withdraw this petition and submits that he may take all these

defences at the appropriate stage. However, in view of changed

circumstances, he does not want to press this petition.
2

Prayer is allowed.

Accordingly, this petition is dismissed as withdrawn.

( Rakesh Kumar, J.)

NKS/-