Jharkhand High Court
Ganpat Rao Son Of Late S.N. Rao Present ... vs State Of Jharkhand Through Cbi ... ... ... on 9 December, 2019
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1232 of 2017
1. Ganpat Rao son of late S.N. Rao present address-Behind Doctor
Colony, C/o Sri B.P. Singh Krishna Kutir, P.O. and P.S.-Bariatu,
District-Ranchi, Jharkhand, Permanent Address-C/o Govind rao,
103, PRDA Flat, S K Puri, P.O. and P.S.-S K Puri, District-Patna,
Bihar
2. Ram Singar Choudhary son of late Bisheshwar Chaudhary
present Address-Bari Co-operative, Plot No. 573, P.O. and P.S.-
Sector-12, Bokaro Steel City, District Bokaro, Jharkhand,
Permanent Address-Chakjalal, P.O.-Khaajurar, P.S. Barh, District-
Patna, Bihar
3. Moti Lal Manjhi son of late Churaman Manjhi Present Address-
Jabra Road, New Colony Corrah, P.O. and P.S.-Sadar, District-
Hazaribagh, Jharkhand, Permanent Address-Kanjia, P.O. and
P.S., Churchu, District Hazaribagh, Jharkhand
... ... ... Petitioners
Versus
State of Jharkhand through CBI ... ... Opp. Party
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. Anil Kumar, Senior Advocate Ms. Chandana Kumari, Advocate For the Opp. Party : Mr. Rajiv Nandan Prasad, Advocate
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12/09.12.2019
1. Heard counsel for the parties.
2. This application is directed against the order dated 27.07.2017 passed by the learned Addl. Sessions Judge-VIII-cum-Spl. Judge C.B.I., Dhanbad, in R.C. Case No. 10(A)/2010 (R), whereby a petition filed 09.06.2015 under Section 239 Cr. P.C. on behalf of the petitioners for discharge has been rejected, which is illegal, arbitrary and against the material on record. The petitioners further pray for quashing the charge dated 15.12.2017 framed by learned District Judge VIII cum Spl. Judge, Dhanbad whereby charge has been framed against the petitioners under Section 120B read with Section 420,468,471 of the Indian Penal Code and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act and further pray for quashing of the further proceedings in connection with RC Case No. 10(A)/2010 (R) against the petitioners.
3. After some arguments, learned counsel for the petitioners seeks permission to withdraw this petition with liberty to raise all the points taken in this application and the points which may be available under law before the learned court below at appropriate stage.
4. Counsel for the CBI has no serious objection to the prayer made.
5. Accordingly, this petition is dismissed as withdrawn with liberty to the petitioners to raise all the points taken in this application and the points that may be available under law before the learned court below at appropriate stage.
6. It is made clear that withdrawal of this case will not prejudice the case of either parties before the learned court below.
7. Pending I.A, if any, stands dismissed as not pressed.
8. Interim order, if any stands vacated.
9. Let this order be communicated to the court concerned through FAX.
(Anubha Rawat Choudhary, J.) Binit/