NAWAL KISHORE CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) When the case was called out learned counsel for the petitioners informed that petitioner no.4 has died during the pendency of this petition. Accordingly, the case of petitioner no.4 stands abated.

(2.) It was submitted by the learned counsel for the petitioners that false case was instituted by the complainant. Petitioner no.1 on the alleged date of occurrence was working at Central Fuel Research Institute, Digwadih and was present in the office and petitioner no.2 was Assistant Public Prosecutor at Civil Court, Patna Sadar, Patna. The petitioner no.3 on the date of occurrence was at the centre of Railway Recruitment Board, Gorakhpur. The centre was at Lal Bahadur Shashtri, Post Graduate College, Gonda in U.P. The petitioner no.4 was father of petitioner nos. 1 to 3 and on the date of occurrence he was at Dhanbad. Learned counsel for the petitioners has taken a plea of ali bi of the accused persons.

(3.) However, after some argument learned counsel for the petitioners submits that he may be permitted to withdraw this petition with a liberty to raise all the points which have been taken in the present case at the stage of charge.