Anil Kumar v. The State Of Bihar, Through The Director General Of Police, Bihar Old Secretariat, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.169 of 2019 Arising Out of PS. Case No.-32 Year-2011 Thana- SIKTI District- Araria ====================================================== Anil Kumar son Mit Narayan Prasad, the then Block Development Officer, Sikti Block within the District of Araria and resident of village - Bhaisasur (Ranchi Road), Police Station - Laheri, District - Nalanda. ... ... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Bihar Old Secretariat, Patna

2. The Superintendent of Police, Araria

3. The Officer-in Charge of Sikti Police Station, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Respondent/s :

Mr.Partha Sarthy, GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 30-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2.

This writ petition has been filed by the petitioner for quashing the FIR of Sikti P.S. Case No. 32 of 2011 registered for the offences punishable under Sections 420, 406, 409 and 468 of the Indian Penal Code.

3.

In paragraph-14, it has been stated that the petitioner had earlier moved twice before this Court for quashing the FIR of Sikti P.S. Case No. 32 of 2011 vide Cr. Misc. No. 5062 of 2013 and Cr. Misc. No. 1927 of 2015 which were dismissed. I also find from the records that after

Patna High Court Cr. WJC No.169 of 2019 dt.30-01-2019 2/2 completion of investigation of the case, the police have already submitted charge-sheet vide charge-sheet no. 151 of 2012 dated 30.12.2012 under Sections 420, 406, 409, 467 and 468 of the Indian Penal Code.

4.

It is shocking to note that after more than five years of filing of the charge-sheet in the court, the petitioner has approached this court for the third time on 25.01.2019 and has prayed for quashing the FIR.

5.

In case, the petitioner was aggrieved by the order passed by this court whereby his earlier applications for quashing of the FIR were rejected, he may have challenged those orders, but instead of challenging the orders passed by this Court, the petitioner has chosen to again move before this Court with a similar prayer for quashing the FIR on merit which, in my considered opinion, is impermissible in law. 6.

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

(Ashwani Kumar Singh, J) Md. S/SKSuman.

AFR/NAFR NAFR CAV DATE NA Uploading Date 02.02.2019 Transmission Date 02.02.2019