Pratima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26840 of 2013 Arising Out of PS.Case No. -236 Year- 2012 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Pratima Devi W/O Birendra Singh R/O Village Sirishiya Babu Tola, P.S. Kuchaykot, District Siwan.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Kant, Advocate For the Opposite Party/s : Mr. Anil Kr.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application has been filed under Section 482 of the Code of Criminal Procedure for quashing of the First Information Report vide Gopalganj P.S. Case No. 236 of 2012, disclosing offences punishable under Sections 341, 427, 504, 353, 307, 379 and 364/34 of the Indian Penal Code. Upon perusal of the First Information Report, I find that on the basis of allegations contained therein, cognizable offences punishable under various Sections of the Indian Penal Code are made out.

Learned counsel for the petitioner has placed reliance upon the statement of victim girl recorded under Section 164 of

Patna High Court Cr.Misc. No.26840 of 2013 (2) dt.29-02-2016 2/2 the Cr.P.C. in support of the plea that the allegations contained in the First Information Report are false.

In my opinion, that can not be a ground of quashing of the First Information Report in exercise of power under Section 482 of the Code of Criminal Procedure. I do not find any merit in this application. This application is, accordingly, rejected. It goes without saying that the petitioner shall have liberty to raise the plea as has been raised in the present application at the stage of framing of charge or in course of trial, which shall be considered on its own merits without being prejudiced by the present order.

(Chakradhari Sharan Singh, J) Vats/- U T