Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5471 of 2016 Arising Out of PS.Case No. -340 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. Vijay Kumar Son of Late Ruplal Rai, Resident of Village - Sikandarpur, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Kant Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari(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 Bihta P.S. Case No. 340 of 2015 registered under Sections 406, 420 of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate, Danapur.

It is the settled law that the prosecution of the F.I.R can be quashed if the accusation does not constitute prima facie case or the prosecution is barred under certain law. Hence, this Court is not inclined to interfere. Moreover the case was registered on 08.05.2015 but there is nothing on record to suggest the present stage of the case.

Accordingly the application is disposed of

Patna High Court Cr.Misc. No.5471 of 2016 (2) dt.24-06-2016 2/2 with liberty to the petitioner to raise all the contentions at the appropriate proceeding.

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