Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34555 of 2010 ====================================================== 1. Reyaz Ahmad, son of Izhar Hussain 2. Izhar Hussain, son of late Ummat Mian. 3. Taj Mian, son of Zannzt Mian 4. Bhola Mian, son of Samsul Haq. 5. Qasim Mian, son of Alam Mian 6. Zakir Mian, son of Amzad Mian. All are residents of Village- Ucchidih, P.S. Harpur (Aadapur), District- Motihari. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Md. Abdulla, son of late Munshi Mian, resident of village- Ucchidih, P.S.- Harpur (Aadapur), District- Motihari. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Archana Sinha, Advocate For Opposite Party No.2 : Mr. Krishna Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 08-05-2012 Heard Ms. Archana Sinha, learned counsel appearing on behalf of the petitioners and Mr. Krishna Kant Singh, learned counsel appearing for the informant opposite party no.2. The petitioners are aggrieved by the order dated 27.09.2008 passed by the learned Sub-Divisional Judicial Magistrate, East Champaran at Motihari in Adapur P.S. Case No.136 of 2005 (Tr. No.2159 of 2008), whereby the learned Sub-Divisional Judicial Magistrate while taking cognizance of the offence punishable under [STATUTE] has committed the matter to the court of Sessions in Patna High Court Cr.Misc. No.34555 of 2010 (3) dt.08-05-2012 2 exercise of powers vested under section 323 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’). Mr. Krishna Kant Singh, learned counsel for the informant submits that much water has flown since after commitment of case giving rise to S.T. No.766 of 2008. It is stated that an application under section 227 of the Code was filed on behalf of the petitioners which was considered and rejected by order dated 12.07.2010 and whereafter charges have been framed in the case and the matter has been put on trial. It is further submitted that three witnesses have also been examined in the trial. Considering the circumstances, Ms. Archana Sinha, learned counsel for the petitioners seeks permission to withdraw this application. As prayed, this application is dismissed as withdrawn. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.