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Patna High CourtCR. MISC./24596/2016disposed

Smt. Shanti Devi @ Shanti Devi v. The State Of Bihar Through The Bihar State Housing Co-Operative Federative Ltd. Jawahar Lal Nehru M

2016-07-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24596 of 2016 Arising Out of PS.Case No. -172 Year- 2011 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Smt. Shanti Devi @ Shanti Devi W/o Chhote Lal Prasad resident of Mohalla- Belwanwa, Machuatoli, P.S. Motihari Town, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Bihar State Housing Co-operative Federative Ltd. Lalit Bhawan Jawahar Lal Nehru Marg, Patna-1. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Purushottam Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 The present application has been filed for quashing of the First Information Report in connection with Shashtri Nagar P.S. Case No. 172, registered under Sections 420, 420B, 406, 120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that First Information Report has been lodged by the Bihar State Housing Cooperative Federative Limited with accusation of non-payment of the loan amount when the entire loan amount has already been deposited. In view of this Court, F.I.R. consists of accusation of cognizable offence can only be quashed if the accusation has not constituted any offence or prosecution is barred under any law.

The application is disposed of with liberty to the petitioner to raise all the contentions after

Patna High Court Cr.Misc. No.24596 of 2016 (2) dt.01-07-2016 submission of Final Report under Section 173 (2) Cr.P.C. It is expected from the Senior Superintendent of Police, Patna to see how the investigation has not concluded as yet and got the investigation concluded expeditiously.

Let, a copy of this order be communicated to the Senior Superintendent of Police, Patna. (Dinesh Kumar Singh, J) P.K./- U T