Narendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.339 of 2012 ======================================================

1. Narendra Kumar S/O Krishna Chandra Resident of Station Road Motihari, at present residing at Shyam Nandan Road Chandralok Chowk, P.S.- Kazi Mohammadpur, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Secretary Department of Home (Police), Government of Bihar, Patna

3. Director General of Police, Bihar, Patna

4. Inspector General of Police, Tirhut Range, Muzaffarpur

5. Superintendent of Police, Muzaffarpur

6. Deputy Superintendent of Police, Town, Muzaffarpur

7. Officer Incharge of Kaji Mohammadpur Police Station, DistrictMuzaffarpur

8. Investigating Officer of Kaji Mohammadpur, P.S. Case No. 58/12

9. Harbansh Kaur W/O Late Krishna Lal Khurana Resident of Shyamnandan Road Naya Tola, P.S.- Kaji Mohammadpur, DistrictMuzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. A.K.Thakur, Adv. For the State : Mr. Ranjay Kumar Singh, A.C. to SC16 For Respondent No.9 : Mr. Ajay Kumar Singh No.1, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-02-2015 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for respondent no.9.

By filing the present application under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the First Information Report of Kaji Mohammadpur P.S.Case No. 58 of 2012 registered for the offences punishable under sections 420, 467, 468 and 471 of the Indian Penal Code. The

Patna High Court Cr. WJC No.339 of 2012 (9) dt.03-02-2015 2/2 matter is under investigation.

Though it is an admitted fact that there is a civil dispute between the parties but the allegations made in the F.I.R. do constitute a cognizable offence.

Learned counsel for the petitioner has submitted that the allegations are malicious in nature. He submits that the prosecution has been launched just in order to get possession of the premises in question.

Be that as it may, in course of investigation into a cognizable offence, it is the job of the police to find out the correct fact regarding the veracity of the allegations. In that view of the matter, I am not inclined to entertain the application at this stage. Accordingly, the writ petition is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T