Vinod Kumar v. The State Of Bihar Through The D. G. P. Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.717 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== Vinod Kumar (Male aged about 65 years) Son of Late Vishwanath Prasad Resident of Mohalla - Gurhatta (Badi Dev Ji Ashthan), P.S.- Khajekalan, P.O.- Jhauganj, Distt - Patna.

... ... Petitioner

Versus

1.

The State Of Bihar through The D. G. P. Bihar, Patna 2.

The Senior Superintendent of Police, Patna, 800001 Patna, Bihar. 3.

The City Superintendent of Police, Patna Town (East), Patna - 800001, Patna, Bihar.

4.

The Sub Divisional Police Officer, Patna City, Patna - 800007, Patna, Bihar. 5.

The S.H.O. Khajekalan, Patna City, Patna- 800008, Patna, Bihar. 6.

Ganesh Prasad Son of Late Shyamsundar Prasad, Resident of Mohalla - Gurhatta, (Male) aged about 43 years P.S.- Khajekalan, Patna City, P.O.- Jhauganj, Distt - Patna. - 800008 ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Moleshwar, Advocate For the Respondent/s :

Mr.Prabhat Kumar Verma, AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 24-04-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the first information report (for short 'FIR') of Khajekalan P. S. Case No. 144 of 2018 dated 21.05.2018 registered under Sections 341, 323, 354 and 504 read with 34 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. WJC No.717 of 2019 dt.24-04-2019 2/2 2.

It is submitted by the learned counsel for the petitioner that the allegations made in the FIR are absolutely false. The informant is the neighbour of the petitioner and no occurrence of offence, as alleged in the FIR, has ever taken place. 3.

The plea of innocence taken by the petitioner cannot be a ground for quashing the FIR. The allegations made in the FIR, as contained in Annexure-1 to the present application, do attract the ingredients of a cognizable offence. 4.

In that view of the matter, no illegality can be found with the action of the police whereby the FIR bearing Khajekalan P. S. Case No. 144 of 2018 has been instituted. 5.

Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.04.2019 Transmission Date 25.04.2019