Chandeshwar Prasad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.51482 of 2013 (2) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51482 of 2013 Arising Out of PS.Case No. -449 Year- 2013 Thana -SAKRA District- MUZAFFARPUR ====================================================== Chandeshwar Prasad Son Of Late Mushahar Singh Resident Of VillageChandpur Chiknauta, P.O.- Keshopur, P.S. Sakra, District- Muzaffarpur .... .... Petitioner

Versus

1. The State Of Bihar

2. Raj Kumari Devi Wife Of Akalu Singh Resident Of Village- Sirajabad, P.O. Ganipur Bigha, P.S. Sakra, District- Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Arun Kumar For the Opposite Parties : Mr. Mayanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-04-2016 Heard.

The allegation made in the First Information Report constitute a cognizable offence, hence in such circumstance, the FIR cannot be quashed on the ground that it is malafide. Upon hearing learned counsel appearing on behalf of the petitioner, this application is disposed of with a liberty to the petitioner to raise such plea as raised in the present application with the appropriate stage of framing of charge or any subsequent stage of trial as may be permissible to him.

(Chakradhari Sharan Singh, J) B.Kr./- U T