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Patna High Court

Sanjay Kumar @ Sanjay Das and Ors.versusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

Holding

The quashing application is dismissed for non‑prosecution.

Summary

The petitioners, four individuals, filed a criminal miscellaneous petition seeking quashing of proceedings against them in a case registered under PS. Samastipur. The respondents were the State of Bihar and Moni Devi. No counsel appeared on behalf of the petitioners, while the State was represented by Advocate on Record Amitesh Kumar. The High Court examined the petition and noted the absence of prosecution or any material to proceed. Consequently, Justice Satyavrat Verma dismissed the quashing application on the ground of non‑prosecution.

Issues considered

  • Whether the quashing application should be dismissed on the ground of non‑prosecution?

Subjects

  • criminal procedure
  • quashing of criminal proceedings
  • non‑prosecution
  • high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.18498 of 2016
                    Arising Out of PS. Case No.-1208 Year-2013 Thana- SAMASTIPUR COMPLAINT CASE
                                                      District- Samastipur
                   ======================================================
              1.    Sanjay Kumar @ Sanjay Das Son of Narayan Das Resident of village -
                    Miranchi Ujagar, P.S. Hasanpur, District - Samastipur
              2.   Jitendra Prasad Gupta Son of Late Anant Prasad Das Resident of village -
                   Hasanpur Bazar, P.S. Hasanpur, District - Samastipur
              3.   Suresh Yadav Deed Writer, L. No. 229/2001 Son of Late Ram Swaroop
                   Yadav Resident of village - Patahi, Police Station Khodawadpur, District -
                   Begusarai
              4.   Giris Kumar Jha Deed Writer, L. No. 038/2001 Son of Late Ramyadi Jha
                   Resident of village - Maheshi, P.S. Bibhutipur, District - Samastipur
                                                                                ... ... Petitioner/s
                                                       Versus
              1.   State Of Bihar
              2.    Moni Devi Wife of Ranjan Kumar Ray @ Biran Ray @ Gonga Resident of
                    village and Post office - Rampur Rajawa, Police Station - Hasanpur, District
                    - Samastipur at the Time of Filing of Compliant Petitioner residing at
                    Mohalla - Magadehi, Police Station Samastipur Town, District Samastipur at
                    Present residing with her father namely Chandeshwar Pandey resident of
                    village - Dadhia, Police Station Angar Ghat, District - Samastipur
                                                                            ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :
                   For the Opposite Party/s :      Mr. Amitesh Kumar, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2    11-09-2023                   1. No one appears on behalf of the petitioners.

                                  2. Learned A.P.P. for the State is present.

                                  3. Accordingly, the instant quashing application is

                     dismissed for non-prosecution.



                                                (Satyavrat Verma, J)
Rishi/-

U         T


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