Dr. Madan Mohan Jaiswal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.857 of 2013 ====================================================== Dr. Madan Mohan Jaiswal son of Shyam Lal Jaiswal, resident of village - Kushahan, P.S.- Singrah Maun, District- Jaunpur (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Superintendent of Police, Munger

3. The Officer-in-Charge Muffasil Police Station, Munger .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. T.N.Maitin, Sr. Advocate : Mr. Rajeev Kumar Sinha, Advocate For the Respondent/s : Mr. Sanjeev Kumar, A.C. to S.C.-1. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-01-2015 By filing an application under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the First Information Report and investigation in connection with Muffasil P.S. Case No.208 of 2001.

Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. After investigation, the police have already sent up two persons in the case for trial but the further investigation of the case has been kept open. He further contends that till date the petitioner has not been sent up for trial in the present case. In sum and substance it would appear from the arguments advanced on behalf of the petitioner that the petitioner is neither named in the FIR nor the police have submitted any

Patna High Court Cr. WJC No.857 of 2013 (9) dt.05-01-2015 2/2 report under section 173 of the Code of Criminal Procedure against him.

In that view of the matter, I find no merit in the case as the petitioner has no locus standi to challenge the FIR. Accordingly, the writ petition is dismissed.

(Ashwani Kumar Singh, J) Md.S./- U T