Binod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44244 of 2015 Arising Out of PS. Case No.-10 Year-1988 Thana- AMAS District- Gaya ====================================================== Binod Singh Son of Late Ram Lekha Singh, resident of New Road, Khuso, P.S. Bermo, in the district of Bokaro Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-03-2023 No one appears on call.

The present petition has been preferred for quashing of the order dated 28.04.2015 in Trial No. 38 of 2015 passed by the learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya arising out of Amas P.S. Case No. 10 of 1998. As per the prosecution story, the informant and ASI of Amas Police Station alleged that in connection with seizure of truck bearing no. BEY/2621, the informant proceeded for enquiry and from there, it revealed that the coal bearing truck was not being taken to the place of destination but was moving to a different place for black marketing. Accordingly, the FIR in which the name of the accused persons cropped up during the course of investigation, the petitioner being one of them. Considering the kind of allegation that has come

Patna High Court CR. MISC. No.44244 of 2015(2) dt.13-03-2023 2/2 against the petitioner herein, certainly this is not a fit case for quashing.

However, since no one has appeared, the petition is dismissed for non-prosecution with liberty to raise all the points before the Trial Court at an appropriate stage. (Rajiv Roy, J) Neha/- U T