Anant Lal Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26781 of 2013 Arising Out of PS.Case No. -48 Year- 2010 Thana -WARSALIGANJ District- NAWADA ====================================================== Anant Lal Yadav S/o Late Deepak Yadav Resident Of Mohalla Krishna Nagar Colony, New Court, Nawada, P.S. & District Nawada. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Niraj Kumar son of Gaurishankar Prasad Warnawal Resident Of Village & P.S. Warshaliganj, District Nawada.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Mishra For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-11-2016 Heard Sri Surendra Mishra, learned counsel for the petitioner and learned Additional Public Prosecutor . In the present petition filed under Section 482 of the Code of Criminal Procedure 1973 the petitioner has prayed for quashing of F.I.R. in Warsaliganj P.S. Case No. 48 of 2010 registered for the offence under Section 409, 420 of the Indian Penal Code.

At the very outset, learned counsel for the petitioner accepts that after filing of this petition many subsequent developments have taken place. He accepts that after investigation Police submitted charge sheet and now after framing of charge, trial has commenced, even thereafter he submits that if F.I.R. is

Patna High Court Cr.Misc. No.26781 of 2013 (4) dt.30-11-2016 2/2 quashed entire proceeding will automatically come to an end. However the Court is of the opinion that if after investigation allegation was found true and charge sheet is submitted, there is no point to examine the correctness of the F.I.R. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T