Farid Khan and ors. Vs. the State of Bihar and anr. - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.23805 of 2011 farid khan & ors. versus the state of bihar & anr. ---------------------------------- 2. 13.1.2012 heard learned counsel for the petitioners and learned counsel for the state. this application has been filed for quashing the first information report in connection with rohtas p.s. case no.41 of 2011 for the offences under section 498(a) of the indian penal code and of the dowry prohibition act. learned counsel for the petitioners has submitted that there is a police case as well as a complaint case. there is provision under section 210 of the code of criminal procedure that if a complaint case as well as police case is filed then the magistrate shall stay the proceeding in the complaint case and call for a report from the police officer. in this view of the matter, learned counsel for the petitioner seeks permission to withdraw this application in order to raise all the points at the stage of the trial. prayer is allowed. 2 with the aforesaid observation this application is disposed of. vinay/ ( shivaji pandey, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23805 of 2011 Farid Khan & Ors. Versus The State Of Bihar & Anr. ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the First Information Report in connection with Rohtas P.S. Case No.41 of 2011 for the offences under section 498(A) of the Indian Penal Code and of the Dowry Prohibition Act. Learned counsel for the petitioners has submitted that there is a police case as well as a complaint case. There is provision under Section 210 of the Code of Criminal Procedure that if a complaint case as well as police case is filed then the Magistrate shall stay the proceeding in the complaint case and call for a report from the Police Officer. In this view of the matter, learned counsel for the petitioner seeks permission to withdraw this application in order to raise all the points at the stage of the trial. Prayer is allowed. 2 With the aforesaid observation this application is disposed of. Vinay/ ( Shivaji Pandey, J.)