Amar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21846 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- GOGRI District- Khagaria ====================================================== AMAR YADAV S/O SHRI MUSO YADAV Resident of Village- Shishwa, P.S.- Gogri, District- Khagaria Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

JULIE DEVI W/O LATE BRAJESH YADAV Resident of Village- Shishwa, P.S.- Gogri, District- Khagaria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Gupta For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

This application is filed for quashing the F.I.R. being Gogri Police Station Case no. 81 of 2023, dated 03.03.2023, registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 and under Section 27 of the Arms Act, 1959.

The prosecution story in short is that Smt. Julie Devi along with her husband namely Brajesh Yadav and children went out to see Yagya Fair on 03.03.2023 at about 2:15 P.M. It is alleged that the petitioner along with Co-accused persons of the F.I.R. armed with weapons were waiting for them near the house of Padarath Yadav. It is also alleged that the petitioner fired with his rifle upon the husband of the informant

Patna High Court CR. MISC. No.21846 of 2023(2) dt.28-04-2023 2/2 and subsequently other accused persons also started firing upon him. It is further stated that her husband was shot down and the informant saved herself and her children by running back towards her house.

Learned counsel for petitioner submits that the investigation is going on and the petitioner wants fair investigation.

For fair investigation, the petitioner will file an application in the Court of learned Magistrate. The Magistrate has all the powers to monitor the investigation in light of the Judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh AIR 2008 SC 907 as well as in Cr. Writ No. 153 of 2017 (Surendra Singh Vs. State of Bihar). If such an application is filed, the learned Magistrate will be obliged to pass an order in accordance with law. In view of the law laid down by Hon'ble Supreme Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh(Supra) and Surendra Singh Vs. State of Bihar, this application is disposed of.

(Sandeep Kumar, J) Sunnykr/- U T