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Patna High CourtCR. WJC/81/2019dismissed

Smt. Dolly Banerjee And ANR v. The State Of Bihar Through The Principal Secretry Department Of Home, Govt. Of Bihar, Patna And ORS

2019-06-25Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.81 of 2019 Arising Out of PS. Case No.-59 Year-2015 Thana- GANDHIMAIDAN District- Patna ======================================================

1. Smt. Dolly Banerjee aged about 64 years, Gender- Female, wife of Late Amalesh Banerjee

2. Srijeet Banerjee, aged about 42 years, Gender- Male, son of Late Amalesh Banerjee Both resident of Flat No. 68 (wrongly mentioned as 63 in the F.I.R.) Narmada Apartment, Exhibition Road, P.S.- Gandhi Maidan, District- Patna. ... ... Petitioners

Versus

1. The State Of Bihar through the Principal Secretary Department Of Home, Govt. Of Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The Superintendent of Police, Patna

4. The S.H.O. Gandhi Maidan Police Station, District- Patna

5. Sudhir Kumar Jindal, aged about 41 years (M), son of Chandrabhan Gupta, resident of A 317 Meera Bagh West Vihar, New Delhi, at prresent residing at A 101 Saket Plaza, Jamal Road, P.S.- Gandhi Maidan, District- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh For the Respondent/s :

Mr.Manish Kumar Gp4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-06-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the first information report of Gandhi Maidan P.S. Case No. 59 of 2015 instituted under Sections 406, 420 and 120-B of the Indian Penal Code.

A counter affidavit has been filed on behalf of the State wherein it has been stated that on completion of investigation final form holding the case to be of civil nature has already been submitted vide Final Form No. 27 of 2016 dated

Patna High Court CR. WJC No.81 of 2019(4) dt.25-06-2019 2/2 17.02.2016.

In view of the fact that investigation is over and the police have found the case to be of civil nature and the petitioner has not been sent up for trial, the application has become infructuous.

Accordingly, it is disposed of as infructuous. (Ashwani Kumar Singh, J) Pradeep/- U T