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Patna High CourtCR. WJC/535/2024dismissed

Birendra Kumar v. The State Of Bihar

2025-04-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.535 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== Birendra Kumar S/o Sadhusharan Yadav Resident of Village Ambanagar Main Road Noorsarai Post Office Noorsarai Police Station Noorsarai District Nalanda Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The State of Bihar through its Secretary, Home Dep., State of Bihar, Patna Bihar 3.

The Director General Of Police, Patna Bihar 4.

The Superintendent Of Police, Nalanda Bihar 5.

The Deputy Superintendent Of Police, Biharsharif Bihar 6.

SHO, Sohsarai, Nalanda Bihar 7.

Abhishek Kumar Roy NA The Executive Engineer of Minor Irrigation division, Dist. - Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prakash Kumar For the Respondent/s :

Mr.S.C.16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-04-2025 Heard the parties.

2. The present application has been filed on behalf of the petitioner for quashing the Sohsarai P.S. Case No. 61 of 2023 registered for the offence under Sections 420, 467, 468, 471 of the Indian Penal Code.

3. As per the prosecution case, the informant of the present case is Executive Engineer of Minor Irrigation Division, Nalanda. He has alleged that the petitioner and other contractors have submitted forged certificate against filing of tender and

Patna High Court CR. WJC No.535 of 2024(3) dt.21-04-2025 2/2 acting upon the same, the present case has been registered.

4. The grounds of the petitioner appears to be grounds of defence for quashing of the FIR which cannot be looked into by this Court at this stage in view of the law laid down by the Hon'ble Supreme Court in the Case of State of Bihar and Ors. Vs. P.P. Sharma and Anr. 1992 (1) SCC (SUPP) 222.

5. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U