Sunny Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.503 of 2017 Arising Out of PS. Case No.-221 Year-2016 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.

Sunny Kumar Son of Om Prakash, Resident of Mohalla- Ghasiyari Tola, P.S. Chowk, District- Patna.

2.

Sushil Kumar Sinha alias Sushil Kumar, Son of Mahesh Prasad, Resident of Mohalla- Dundid Bazar, P.S. Chowk, District- Patna. ... ... Petitioners

Versus

1.

The State Of Bihar 2.

The Director, General of Police Govt. of Bihar, Old Secretariat, Patna. 3.

The Inspector General of Police I.G, Patna.

4.

The Deputy Inspector-General Of Police D.I.G. Central Range, Patna. 5.

The Senior Superintendent of Police, SSP, Patna. 6.

The Superintendent of Police, Patna.

7.

The Sub-Divisional Police Officer, SDPO, Patna City. 8.

The Station House Officer SHO Police Station- Chowk, Patna City, DistrictPatna. 9.

Anant Narayan Verma, S/o not known.

10.

Ekta Kumari, Daughter of Anant Narayan Verma, Both residents of MohallaJeetu Lal Lane, Chowk Shikarpur, P.S. Chowk, District- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Kumar Sinha For the Respondent/s :

Mr.Lalit Kishore Paag1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 05-08-2019 Heard learned counsel for the petitioners and learned counsel for the State.

2.

This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the first information report (for short 'FIR') of Chowk P.S. Case

Patna High Court CR. WJC No.503 of 2017 dt.05-08-2019 2/2 No. 221 of 2016 registered inter alia under Sections 354C and 354D of the Indian Penal Code.

3.

On perusal of the FIR, as contained in Annexure-6 to the present application, the ingredients of the offences punishable under Sections 354C and 354D of the Indian Penal Code would clearly be attracted. The aforesaid offences are cognizable in nature. In case of a cognizable offence, the police have statutory right to investigate the case.

4.

In that view of the matter, neither the institution of the FIR nor its investigation can be held to be bad in law. 5.

The application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08-08-2019 Transmission Date 08-08-2019