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Patna High CourtCR. WJC/541/2019dismissed

Saroj Kumar @ Arbind Kumar Gupta v. The State Of Bihar

2019-11-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.541 of 2019 Arising Out of PS. Case No.-462 Year-2010 Thana- SC/ST District- Vaishali ====================================================== 1.

Saroj Kumar @ Arbind Kumar Gupta, Son of Tej Narayan Prasad Resident of Village - Karkha, P.S.- Garkha, District - Chapra (Saran) 2.

Dipu Kumar @ Deepak Prasad, Son of Tej Narayan Prasad Resident of Village - Karkha, P.S.- Garkha, District - Chapra (Saran) 3.

Tej Narayan Prasad, Son of Late Shivnath Prasad Resident of Village - Karkha, P.S.- Garkha, District - Chapra (Saran) ... ... Petitioners

Versus

1.

The State of Bihar 2.

The District Magistrate, Saran at Chapra.

3.

The Superintendent of Police, Saran at Chapra Resident of Village - Karkha, P.S.- Garkha, District - Chapra (Saran) ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Gajendra Kumar Singh-Advocate For the Respondents :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT 05-11-2019 Heard learned counsel for the petitioners.

2. This application under Article 226 of the Constitution of India has been filed by the petitioners for quashing the F.I.R. of Hajipur SC/ST P. S. Case No.462 of 2010 registered inter alia under Section 379 of the Indian Penal Code and Section 3(i)(iii)(v)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Learned counsel for the petitioners himself concedes that on completion of investigation, not only chargesheet has been submitted, but the charges have also been

Patna High Court CR. WJC No.541 of 2019 dt.05-11-2019 2/2 framed and the case has proceeded for trial.

4. In view of the subsequent developments, which took place after filing of the instant case as also in view of the allegations made in the F.I.R. which would certainly attract the ingredients of the offences alleged, I am not inclined to accede to the prayer made by the petitioner. The application is, accordingly, dismissed.

5. The trial Court shall make endeavour for expeditious disposal of the trial.

(Ashwani Kumar Singh, J) vikash/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.11.2019 Transmission Date 05.11.2019