Rup Narayan Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4887 of 2016 Arising Out of PS.Case No. -27 Year- 2014 Thana -RAMKRISHNANAGAR District- PATNA ======================================================

1. Rup Narayan Sah son of Sri Surya Narayan Sha, Resident of NTPC Colony, East Ramkrishna Nagar, Patna, P.S. Ramkrishna Nagar, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Subodh Nandan Sinha, Resident of East Ramkrishna Nagar, P.S.- Ramkrishna Nagar, District & Town- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Shukla For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 The present application has been filed for quashing of the First Information Report of Ramkrishna Nagar P.S. Case No. 27 of 2014 registered under Sections 341, 323, 379 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Patna.

The prosecution case is of abusing and assaulting the informant and snatching gold chain worth Rs. 60,000/-.

It is submitted by learned counsel for the petitioner that there is counter version of the occurrence and maliciously the accusation has been levelled. In view of this Court, the F.I.R can only be quashed if the accusation does not constitute prima facie cognizable offence or the prosecution is barred under certain

Patna High Court Cr.Misc. No.4887 of 2016 (2) dt.24-06-2016 2/2 law. Hence, this Court is not inclined to interfere. Moreover the case was registered on 19.02.2014 but there is nothing on record to suggest the present stage of the case. Accordingly the application is disposed of with liberty to the petitioner to raise all the contentions at the appropriate proceeding.

(Dinesh Kumar Singh, J) Shageer/- U T