Arun Kumar Pathak, Son Of Sri Baijnath Pathak v. State Of Jharkhand Through C B I
2019-12-17
ANUBHA RAWAT CHOUDHARY
body2019
DigiLaw.ai
JUDGMENT Anubha Rawat Choudhary, J. - Heard Mr. A.K. Kashyap, learned senior counsel appearing on behalf of the petitioner along with Mr. Abhilash Kumar, Advocate. 2. Heard Mr. Rajiv Nandan Prasad, counsel appearing on behalf of the CBI. 3. This petition has been filed for the following reliefs:- "For quashing the entire criminal prosecution and proceeding including the order dated 01.06.2018 whereby the prayer for discharge made on behalf of the petitioner has been rejected vide order dated 01.06.18 passed by the learned Special Judge, CBI, Ranchi in connection with R.C. No. 71/10E/0009 which is registered for the offence lodged under Section 120B read with Section 420,471 of the Indian Penal Code and under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988, the case is presently pending in the court of Sri A.K. Mishra No. 1, the learned Special Judge, CBI, Ranchi." 4. Learned counsel appearing on behalf of the opposite party submits that trial has already begun before the learned court below and as recorded in the order dated 02.12.2019 that last witness was examined 14.05.2019. Learned counsel submits that otherwise also the impugned order in the present case is a revisable order and the present petition is not maintainable. 5. Upon this, learned counsel for the petitioner submits that since the trial has already begun, he may be permitted to withdraw this petition with liberty to raise all the points that may be available under law before the learned court below at appropriate stage. He further submits that withdrawal of this case may not prejudice the case of the petitioner before the learned court below. 6. Considering the submissions made, this petition is dismissed as withdrawn with liberty to the petitioner to raise all the points that may be available under law before the learned court below at appropriate stage. 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.