Ashok Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29723 of 2024 Arising Out of PS. Case No.-1462 Year-2022 Thana- NAWADA District- Nawada ====================================================== Ashok Kumar Rajak SON OF VIJAY RAJAK RESIDENT OF VILLAGENETNA, PS- NAGAR (KADIRGANJ OP), DIST- NAWADA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KUMAR ASHWANI SON OF LATE RAJENDRA KUMAR RESIDENT OF VILLAGE- KARWA, HEKAR, PS- KARPI, DISTT- ARWAL, THEN POSTED AS BLOCK DEVELOPMENT OFFICER, ROH, NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The present application has been filed for quashing of F.I.R. bearing Nagar (Kadirganj) P.S. Case No. 1462 of 2022 registered for the offences punishable under Sections 409/34 of the Indian Penal Code.

3. The contention of the petitioner is that the case has been wrongly filed against the petitioner and he is not involved in this case.

4. I am not inclined to quash the aforesaid F.I.R. on the basis of the defence materials relied upon by the petitioner.

5. This application is disposed of with liberty to the

Patna High Court CR. MISC. No.29723 of 2024(2) dt.19-08-2024 2/2 petitioner to approach the Superintendent of Police, Nawada with his defence and if the Superintendent of Police, Nawada finds that the defence made out by the petitioner are good grounds for non-registration of F.I.R., an appropriate final report can be filed.

6. The final report shall not be filed without considering the representation of the petitioner. (Sandeep Kumar, J) Saif/- U T