Madhukar Singh vs State of Jharkhand And Ors

Learned counsel for the petitioner Mr. Ranjan Kumar is present.

Learned counsel for the opposite party No.-2 Mr. Pandey Neeraj Rai along with Mr. Akchansh Kishore, Advocate is also present.

Learned counsel for the opposite party-State Mr. Shailesh Kumar Sinha is also present.

This petition has been filed for the for the following reliefs: -

That, in this application the petitioner prays for quashing of entire criminal proceeding initiated against the petitioner in connection with Sadar P.S.

Case No. 172/2014 corresponding to G.R. No. 2403/2014 under Section 406/420/506/342/34 I.P.C. now the case is pending in the court of Sri R.

Ranjan, Learned Judicial Magistrate, 1st Class at Ranchi.

Pursuant to the last order passed by this Court, the report has been received from the learned mediator of Jharkhand State Legal Services Authority

(JHALSA) indicating that although the petitioner was appearing for mediation, but the opposite party No.-2 did not appear and accordingly, the

mediation has not taken off and remain non-starter.

However, the learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to raise all the points which have been

raised in the present petition as well as any other point that may be available to the petitioner before the learned court below at appropriate stage. He

submits that withdrawal of this petition may not prejudice the case of the petitioner in any manner whatsoever before the learned court below.

Learned counsel appearing on behalf of opposite parties do not have any objection to the prayer made for withdrawal of this petition.

Considering the submissions made by the learned counsel for the petitioner, the present petition is hereby dismissed as withdrawn with a liberty to

the petitioner to raise all the points which have been raised in this petition as well as any other point that may be available to the petitioner before the

learned court below at appropriate stage in accordance with law.

It is made clear that dismissal of this petition will not prejudice the case of either parties before the learned court below in any manner whatsoever.

Interim order, if any, stands vacated.

Pending interlocutory application, if any is dismissed as not pressed.

Let a copy of this order be communicated to the learned court below through 'e-mail/FAX'.