DR. VIVEKA NAND CHOUDHARY S/O LATE KAILASH CHOUDHARY RESIDENT OF VILLAGE NAV TOLIA NARAINPUR, P.S. BIHPUR, DISTRICT BHAGALPUR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) At the very outset, Sri Sachidanand Choudhary, learned counsel for petitioners, in presence of Smt. Asha Kumari, learned Addl. Public Prosecutor as well as Sri Amrendra Kumar, learned counsel for the complainant/opposite party no. 2, submits that during pendency of this petition, petitioner no. 1 namely Dr. Viveka Nand Choudhary has left for heavenly abode. The submission made by learned counsel for petitioners was not disputed by learned counsel for the complainant, rather he also accepts that petitioner no. 1 died. Accordingly, the present petition, so far as petitioner no. 1 (Dr. Viveka Nand Choudhary) is concerned, stands dismissed as same has abated.

(2.) Heard Sri Sachidanand Choudhary, learned counsel for the petitioner, Smt. Asha Kumari, learned Addl. Public Prosecutor as well as Sri Amrendra Kumar, learned counsel for the complainant/opposite party no. 2.

(3.) The petitioner namely Vikash Yadav, who was compounder in the clinic of Dr. Viveka Nand Choudhary (since died) had earlier approached this Court along with Dr. Viveka Nand Choudhary invoking its inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 05-02-2013 passed by Sri A. Kumar, learned Judicial Magistrate 1st Class, Naugachhia in Complaint Case No. C-904 of 2011. By the said order, the learned Magistrate has taken cognizance of offence under Sections 269, 270, 336/34 of the Indian Penal Code and directed to summon the accused person(s).