Vijay Chandra Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34522 of 2016 Arising Out of PS. Case No.-5 Year-2012 Thana- BIRPUR District- Supaul ======================================================

1. Vijay Chandra Thakur, son of Late Baldeo Thakur, the then Junior Engineer, East Koshi Embankment, Division No. 2, Birpur, P.S. + District - Supaul, resident of at + PO - Jajuar, P.S. - Katra, District - Muzaffarpur

2. Vijay Kumar Sinha @ Versus K. Sinha, son of Sri Baleshwar Sinha, the then Junior en`, East Koshi Embankment, Division No. 2, Birpur, P.S. + District - Supaul, resident of village - Misraulia, P.S. - Bibhutipur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-09-2020 Heard Mr. Suraj Kumar, junior to Mr. Pramod Mishra, learned counsel for the petitioners and Mr. Damodar Prasad Tiwary, learned APP for the State. This is an application seeking quashing of the F.I.R. bearing Birpur P. S. Case No. 05 of 2012 dated 07.01.2012 instituted for the offences under Sections 409 and 34 of the Indian Penal Code.

Paragraph 9 of the petition indicates that charge-sheet in this case has already been submitted. In that view of the matter, I am not inclined to

Patna High Court CR. MISC. No.34522 of 2016(2) dt.17-09-2020 2/2 accede to the prayer of the petitioners for quashing of the subject F.I.R.

However, the petitioners would be at liberty to avail of their legal remedies to which they are entitled. The petition stands disposed off with the aforesaid observation.

(Ashutosh Kumar, J) skm/- U T