Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50783 of 2013 Arising Out of PS.Case No. -845 Year- 2012 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Sunil Prasad Son Of Deo Kumar Resident Of Village- Laxmi Market, P.S.- Sasaram, District- Rohtas And Permanent Resident Of VillageTendua, P.S.- Sadar, Bhabhua (Kaimur) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application has been filed for quashing of the First Information Report instituted for the offences punishable under Sections 292,294,419,420,467, 468 of the Indian Penal Code and 51/52 (A)/63/68(A) of the Copy Right Act.

Learned counsel appearing on behalf of the petitioner submits that though there is specific allegation against other coaccused persons of being in possession of objectionable materials, there is no such allegation against the present petitioner. He further submits that the First Information Report was instituted in the year 2012 and till date the police have not concluded the

investigation.

In my considered view, the First Information Report cannot be quashed in exercise of power under Section 482 of the Code of Criminal Procedure, 1973 when cognizable offences are made out on the basis of allegations contained therein. It cannot be said that no cognizable offence is made out on the basis of the allegation as contained in the First Information Report. Learned counsel for the petitioner is, however, right in his submission that pendency of investigation even after lapse of nearly four years from the date of the institution of the First Information Report, is a cause for concern and unnecessary harassment to the petitioner.

Considering the above, I direct the Superintendent of Police, Sasaram to ensure that completion of investigation of Sasaram Nagar P. S. Case No., 845 of 2012 is not unnecessarily delayed and it is concluded as expeditiously as possible, preferably within a period of three months from the date of receipt/production of a copy of this order.

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- U