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Patna High CourtCR. MISC./13683/2015dismissed

Shashi Bhushan Prasad And ORS v. State Of Bihar And ANR

2018-02-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13683 of 2015 Arising Out of PS.Case No. -594 Year- 2014 Thana -NAWADA District- NAWADA ===========================================================

1. Shashi Bhushan Prasad, son of Late Shree Prasad,

2. Ganauri Singh, son of Late Kishori Singh

3. Mithilesh Singh, son of Late Chandrika Singh, All 3 resident of village- Gahnghauli, P.S.- Nawada, District- Nawada

4. Shrwan Kumar Malakar, Son of Late Prabhu Malakar, resident of MohallaKalali Road (Nawada), P.S. + District- Nawada

5. Rohit Kumar, son of Late Sharwan Kumar, resident of Mohalla- New Area (Nawada), P.S. + District- Nawada

6. Amresh Yadav, son of Manohar Yadav, resident of village- Patwa Sarai, P.S.+ District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Sujata Devi, Wife of Chandeshwar Nonia, resident of village- Gahnghauli, P.S.- Nawada, District- Nawada .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Nayan, Advocate. For the State : Mr. Shailendra Kumar, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 26-02-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the First Information Report of Nawada Town P.S. Case No. 594 of 2014, G.R. No. 2723 of 2014 for the offence under Sections 420/34 of the Indian Penal Code. 2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

Report has been called for from the court below which has been received. From the report, it appears that cognizance

Patna High Court Cr.Misc. No.13683 of 2015 dt.26-02-2018 2/2 has been taken for the offence under Sections 420/34 of the Indian Penal Code against six accused persons including the petitioners. Process has already been issued against the accused persons including these petitioners but all are evading arrest and the case is still pending in the court below for their appearance 4.

Therefore, this Court is not inclined to quash the First Information Report.

5.

This Criminal Miscellaneous application is accordingly dismissed.

6.

The court below is directed to take all steps to expedite the trial of the accused. The court below will take all steps in accordance with law for procuring the appearance of the petitioners and other accused persons.

(Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07/03/2018 Transmission Date 07/03/2018