Patna High CourtCR. MISC./21610/2016dismissed

Vivek Kumar v. The State Of Bihar

2020-09-11Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21610 of 2016 Arising Out of PS. Case No.-496 Year-2014 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vivek Kumar S/o Jay Nandan Rai, Resident of Village- Jalalpur, P.O.-Jalalpur, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh App ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-09-2020 Heard Mr. Satya Prakash Sinha, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.

This is an application seeking quashing of the F.I.R. bearing Hajipur Sadar P. S. Case No. 496 of 2014 dated 19.10.2014, instituted for the offences under Sections 419, 420, 467, 468, 120 (B) and 34 of the Indian Penal Code and Sections 3 and 10 of Bihar Examination Control

Patna High Court CR. MISC. No.21610 of 2016(2) dt.11-09-2020 2/3 Act, 1981.

The learned counsel for the petitioner submits that as per his instruction which he had received about two months ago, the investigation of this case is still pending. The learned counsel for the petitioner further submits that no offence can be said to have been made out from a bare reading of the F.I.R. The F.I.R. discloses that one Pankaj Kumar was writing the examination in place of the petitioner.

The learned counsel for the petitioner has further submitted that admit card which was sent to the petitioner had been lost for which a station diary entry was also recorded.

This defence cannot come to the aid of the petitioner in as much as any person who attempted to write the examination on behalf of the petitioner would have fetched no benefit to himself but only to the petitioner. Regard being had to the nature of accusation as has been made out in the F.I.R., I am not inclined to quash the subject F.I.R.

Patna High Court CR. MISC. No.21610 of 2016(2) dt.11-09-2020 3/3 The petition stands dismissed.

In case the investigation is completed and the petitioner is aggrieved, he can take recourse to the remedies to which he is entitled.

(Ashutosh Kumar, J) skm/- U T