Patna High CourtCR. MISC./13616/2016dismissed

Mukesh Kumar Azad And ANR v. State Of Bihar And ANR

2016-07-29Mr. Justice Dinesh Kumar Singh2 pages

Patna High Court Cr.Misc. No.13616 of 2016 (2) dt.29-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13616 of 2016 Arising Out of PS.Case No. -67 Year- 2015 Thana -SAHAR District- BHOJPUR ======================================================

1. Mukesh Kumar Azad son of Sri Mundrika Singh, resident of villageNonaur, P.S.- Sahar, District- Bhojpur

2. Manoj Kumar Singh @ Manoj Kumar son of Sri Mundrika Singh, resident of village- Nonaur, P.S.- Sahar, District- Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Forester, Charpokhari, Piro and Agiaon Range, Piro, DistrictBhojpur, Ara .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Opposite Party/s : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-07-2016 The preset application has been filed for quashing the FIR of Sahar P.S. Case No. 67 of 2015 registered for the offences punishable under Sections 188 and 353/34 of the IPC. The prosecution case is that on 19.06.2015, the Saw Mill of the petitioners was sealed by the informant being a Forester, subsequently, the informant came to know that the petitioner after breaking the seal started operating the Saw Mill. It is submitted by the learned counsel for the petitioner that earlier also in the year 2013, the Saw Mill of the petitioner was sealed which was challenged in CWJC Nos. 21755 of 2012 and 22095 of 2012 when the writ applications were

Patna High Court Cr.Misc. No.13616 of 2016 (2) dt.29-07-2016 allowed restraining the informant from interfering with the running of the 18" diameter Saw Mills of the petitioners in terms of the Resolution dated 24.12.2012 of the State Government. Considering the fact that the writ application was preferred with regard to sealing of the Saw Mill in the year 2012 whereas the present FIR was lodged for breaking the seal on 09.06.2015, this Court is not inclined to interfere. Accordingly, the application is dismissed.

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