Umapati Prasad v. The State Of Bihar Through The District Magistrate, Gopalganj And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.495 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ =========================================================== Umapati Prasad S/o Sri Shiv Dayal Prasad,resident of village- Barwa Khurd, P.S.- Khuchaya Kot, distt.- Gopalganj .... .... Petitioner/s

Versus

1.The State of Bihar through the District Magistrate Gopalganj 2.Anand Khusawaha S/o late Gagan Bhagat, resident of village- Barwa Khurd, P.S.- Khuchaya Kot, distt.- Gopalganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Respondent/s : Mr. Amresh, A.C. to S.C.-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In the present application under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report of Khuchaya Kot P.S. Case No.320 of 2013 dated 11.12.2013 registered for the offences punishable under sections 364 and 365 of the Indian Penal Code.

Initially, a complaint was filed which was referred to the police under section 156(3) of the Code of Criminal Procedure for investigation pursuant to which a formal FIR was drawn and instituted.

Learned counsel for the petitioner has pleaded innocence of the accused persons named in the first information report. He has submitted that earlier also an FIR was instituted by the wife of the petitioner which was investigated upon by the police and on

Patna High Court Cr. WJC No.495 of 2014 dt.04-02-2015 2/2 conclusion of investigation a final report was submitted in the court. Immediately, thereafter, the informant has instituted another complaint with allegation of kidnapping of his wife and the said complaint has been referred to the police for investigation pursuant to which the FIR in question has been instituted. He has further submitted that there is a land dispute between the parties and the instant FIR has been instituted with ulterior motive. Be that as it may, to hold investigation into a cognizable offence is the statutory right of the police. It is well settled that an FIR can be quashed only if the allegations made therein do not constitute any cognizable offence. I have considered the allegations made in the FIR.

The allegations made therein do constitute a cognizable offence. In that circumstance, it is for the police to ascertain the veracity of the allegations in course of investigation. This court, sitting in writ jurisdiction, cannot pre-judge result of the investigation of the case. In that view of the matter, I am not inclined to entertain the present application. Accordingly, it is dismissed. (Ashwani Kumar Singh, J) Md.S.