Patna High Court - Orders
Gopal Prasad & Anr vs State Of Bihar & Anr on 21 February, 2018
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7322 of 2015
Arising Out of PS.Case No. -30 Year- 2015 Thana -NAWADA District- NAWADA
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1. Gopal Prasad
2. Sattyam Rupesh
Both sons of Late Jagdish Prasad Gupta, resident of village-
Mirzapur Station Road, Nawada, P.S. - Nawada, Dist;rict - Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Dharmendra Prasad, S/o Lattan Sao, resident of village- Teli Tola, P.S. -
Bundelkhand, Nawada, District - Nawada.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vindhyachal Singh, Advocate
: Mr. Abhishek Anand, Advocate
: Mrs. Madhuri Kumari, Advocate,
For the State : Mr. Jharkhandi Upadhyay, APP
For the Opposite Party No.2 : Mr. Vikramdeo Singh, Advocate
: Mr. Rajesh Kumar Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
SINGH
ORAL ORDER
5 21-02-2018It is submitted by learned counsel for the petitioners that during the pendency of the present application, which was initially filed for quashing of the first information report of Nawada P.S. Case No.30 of 2015 registered for the offences punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code, the investigating officer submitted charge-sheet and taking into consideration the materials available on record the learned Magistrate took cognizance of the offences and after dismissal of the application filed under Section 239 of the Code of Criminal Patna High Court Cr.M isc. No.7322 of 2015 (5) dt.21-02-2018 2/2 Procedure (for short 'the Cr.P.C.') charges have also been framed. He submitted that in view of the subsequent development, this application may be disposed of with liberty to the petitioners to challenge the order taking cognizance and all subsequent proceedings of the case by way of filing another appropriate application.
Leave is granted.
The application under Section 482 of the Cr.P.C. and all other interlocutory applications are disposed of.
It would be open to the petitioners to challenge the order taking cognizance and all other subsequent orders by way of filing another appropriate application before the Court.
(Ashwani Kumar Singh, J) Md.S./-
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