Surendra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32554 of 2014 Arising Out of PS.Case No. -331 Year- 2012 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) =========================================================== Surendra Thakur, Son of Late Mishri Thakur, Resident of Village - Hussainganj, P.S.- Barh, District - Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party =========================================================== Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kr. Singh, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 21-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed seeking quashing of the First Information Report of Hajipur P.S. Case No. 331 of 2012 registered for the offences punishable under Sections 420, 468, 471, 223, 224 and 120B of the Indian Penal Code.
The petitioner, at the relevant point of time, was posted as Clerk in Divisional Jail, Hajipur at Vaishali. It has been alleged against him that he knowingly participated in fraudulent release of an accused Sushil Singh from jail.
A supplementary affidavit has been filed on behalf of the
Patna High Court Cr.Misc. No.32554 of 2014 dt.21-06-2016 2/2 petitioner, bringing on record an enquiry report submitted by the Enquiry Officer in a disciplinary proceeding initiated against him. On perusal of the First Information Report, I find that an offence cognizable in nature is made out against the petitioner. Secondly, the allegation made against the petitioner in the First Information Report is corroborated by the findings of the Enquiry Officer recorded in the disciplinary proceeding. I do not find it to be an appropriate case for exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the First Information Report. This application is dismissed.
(Chakradhari Sharan Singh, J) Vats/- U T