IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17370 of 2009
VIJAY KUMAR S/O LATE RADHAKANT PRASAD, R/O
VILLAGE/MOHALLA-CHANDMARI, P.S. MOTIHARI TOWN,
DISTT.- EAST CHAMPARAN.
--PETITIONER
Versus
1. THE STATE OF BIHAR
2. SURAJ DEO MISHRA S/O LATE CHANDRIKA MISHRA,
R/O VILLAGE-DUMRA, P.S. KOTWA, DISTRICT-
EAST CHAMPARAN.
--OPP.PARTY
For the Petitioner : Mr. D.K. Tandon
For the Opp.Party : Mr. Raj Ballabh Singh,
APP
2 26.11.2010
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
This is an application seeking quashing of the
order dated 05.02.2009 passed by Additional District Judge,
Vth, Motihari, in Cr.Rev. no. 335/05/55/2008 and for
quashing of the order dated 26.07.2005 passed by Sri S.K.
Srivastava, Judicial Magistrate, first class, Motihari in Trial
no. 920 of 2005.
After some arguments learned counsel for the
petitioner seeks permission to withdraw this application with
liberty to agitate all his points before the trial court at
2
appropriate stage preferably at the time of hearing on the
point of charge.
Permission is granted.
Accordingly, this application is disposed of with
the aforesaid liberty.
Simultaneously the court below is directed to
proceed expeditiously with the case and record the evidence
of witnesses before charge in accordance with law and after
hearing the parties on the points involved, pass appropriate
order taking into consideration all legal and factual aspects.
Let this order be communicated through FAX to
the court below at the cost of the petitioner.
(Akhilesh Chandra, J.)
AAhmad