Patna High CourtCR. MISC./50972/2013dismissed

Nandoo Rishideo v. The State Of Bihar

2016-07-21Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50972 of 2013 Arising Out of PS.Case No. -152 Year- 2008 Thana -FORBESGANJ District- ARRARIA ====================================================== Nandoo Rishideo S/O Late Depan Rishideo, Village Belai Pothia, P.SSimraha, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-07-2016 Heard Sri Bishwajit Singh, learned counsel, who was assisted by Sri Kundan Kumar Singh, learned counsel for the petitioner and Sri Yogendra Kumar, learned Addl. Public Prosecutor.

The petitioner, invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, has made a prayer for quashing of Chargesheet no. 24/2010 in Farbisganj P.S. Case no.152/2008, G.R. No.633/2008 registered for the offence under Section 376 of the Indian Penal Code.

Learned counsel for the petitioner, by way of referring to Annexure-2 to the present petition i.e. an order passed in Anticipatory Bail Petition of the petitioner, submits that this Court had directed for D.N.A. test and even without D.N.A. test

Patna High Court Cr.Misc. No.50972 of 2013 (2) dt.21-07-2016 2/2 chargesheet has been submitted. Learned counsel for the petitioner has argued that the informant has falsely alleged that she had become pregnant due to offence committed by the petitioner. On the ground that earlier in the anticipatory bail petition, a direction was given for DNA test, but direction was not followed, a prayer has been made for quashing of the chargesheet. The Court is of the opinion that once chargesheet is submitted, there is no question for interference with the chargesheet. In view of accusation levelled in the F.I.R. , I do not find any ground to interfere with the matter. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U