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Patna High CourtCR. WJC/1215/2016dismissed

Phani Bhushan Shahi @ Fani Bhushan Kumar Shahi And ORS v. The State Of Bihar Through Director General Of Police, Patna And ANR

2019-01-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1215 of 2016 Arising Out of PS. Case No.-159 Year-2015 Thana- AURAI District- Muzaffarpur ======================================================

1. Phani Bhushan Shahi @ Fani Bhushan Kumar Shahi son of Madan Prasad Shahi,

2. Madan Prasad Shahi @ Madan Shahi, son of Late Ram Kripal Shahi

3. Nantun Shahi son of Lallan Prasad Shahi,

4. Usha Devi wife of Madan Prasad Shahi, all are resident of Village- Madhuban Beshi, P.S.- Aurai, District - Muzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar through Director General of Police, Patna.

2. Lalita Devi daughter of Bijali Baitha, Wife of Fani Bhushan Shahi, resident of Village- Madhban Beshi, P.S.- Aurai, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Respondent/s :

Mr.Sheo Shankar Pd, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

This writ petition has been filed by the petitioners for quashing the FIR of Aurai P.S. Case No. 159 of 2015 dated 02.10.2015 registered inter alia under Section 498A of the Indian Penal Code and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court Cr. WJC No.1215 of 2016(2) dt.07-01-2019 2/2 The allegations made in the FIR do attract the ingredients of a cognizable offence. Moreover, on completion of investigation, the police have already submitted charge-sheet vide Charge-Sheet No. 365 of 2016 dated 31.10.2016. In that view of the matter, I see no merit in this writ petition. It is dismissed accordingly.

(Ashwani Kumar Singh, J) Md. S/SKSuman.

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