Yugal Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.267 of 2020 Arising Out of PS. Case No.-38 Year-2015 Thana- KARJA District- Muzaffarpur ====================================================== YUGAL KISHORE PRASAD Son of Late Pran Kishore Lal Resident of Rukinmini Kunj, Pahari Mandir Marg, Ratu Road, P.O.- Ranchi G.P.O., P.S.- Sukhdev Nagar, District - Ranchi (Jharkhand) Pin code - 834001 ... Petitioner

Versus

1.

The State of Bihar 2.

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

The Inspector General of Police, Tirhut Range, Muzaffarpur. Bihar 4.

The Superintendent of Police, Muzaffarpur. Bihar 5.

The Investigation Officer, Karja Police Station, Muzaffarpur. Bihar 6.

The Officer - in - charge, Karja Police Station, Muzaffarpur. Bihar 7.

Saroj Kumar Son of Sri Chandeshwar Prasad Choudhary Resident of Village - Tarsan, P.O.- Kharaunadih, P.S.- Kudhni, District - Muzaffarpur. ... Respondents ====================================================== Appearance :

For the Petitioner/ :

None For the Respondents :

Mr.Saroj Kumar Sharma, AC to AAG V ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2023 No one appears on behalf of the petitioner.

Counsel for the State is present.

The present case has been filed for quashing the first information report as well as directing the investigating authority to conduct inquiry properly in respect of Karja P.S. Case No. 38 of 2015.

Counsel for the State submits that the petitioner is not named in the first information report. The allegation under Sections 406, 419 and 420/34 of the Indian Penal Code is there and the matter is relating to cyber crime which needs proper

Patna High Court CR. WJC No.267 of 2020(2) dt.20-03-2023 2/2 investigation.

In this view of the matter, I am not inclined to quash the first information report, but, liberty is granted to the petitioner that he shall represent to the Superintendent of Police, Muzaffarpur, in the light of the order passed in Cr.W.J.C. No. 153 of 2017 (Surendra Singh Vrs. State of Bihar & Ors.) and analogous cases decided on 09.09.2022 within four weeks from today and the Superintendent of Police shall consider the representation and take appropriate action.

With this observations, this criminal writ petition is disposed off.

(Dr. Anshuman, J) Shamshad/- U T