Sanjit Kumar @ Bablu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1274 of 2016 Arising Out of PS. Case No.-303 Year-2016 Thana- GARKHA District- Saran ====================================================== Sanjit Kumar @ Bablu son of Triyugi Nath Sinha, Resident of VillageMahammadpur, P.S.- Garkha, District- Saran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Superintendent of Police, Saran.

3. The Officer In Charge, Garkha, Police Station, District- Saran.

4. Parmeshwar Prasad Singh son of late Shivperson Prasad Singh, Resident of Village- Mahammadpur, P.S.- Garkha, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwanath Pd. Singh, Advocate For the Respondent/s :

Mr.Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-01-2019 This writ petition has been filed by the petitioner for quashing the FIR of Garkha P.S. Case No. 303 of 2016, dated 03.10.2016 registered inter alia under Section 307 of the Indian Penal Code and 27 of the Arms Act.

At the outset, it is submitted by Mr. Vishwanath Pd. Singh, learned senior advocate that during pendency of the case, the police have already submitted final report holding the accusation is mistake of fact. He contended that the writ petition may be disposed of with liberty to the petitioner that in case the court below differs with the police report and takes cognizance of the offence, the petitioner would be at liberty to challenge the same in accordance with law.

Patna High Court Cr. WJC No.1274 of 2016(2) dt.08-01-2019 2/2 In view of the submissions made above, the writ petition is disposed of with liberty to the petitioner aforesaid. (Ashwani Kumar Singh, J) Sushma/Suman.

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