Patna High CourtCR. MISC./54433/2013dismissed

Jata Shankar Singh And ORS v. State Of Bihar And ANR

2016-05-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54433 of 2013 Arising Out of PS.Case No. -155 Year- 2013 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jata Shankar Singh S/O Late Jagarnath Singh Resident Of VillageMankarariya, Police Station- Paharpur, District- East Champaran

2. Babloo Singh S/O Narad Singh Resident Of Village- Mankarariya, Police Station- Paharpur, District- East Champaran

3. Santosh Kumar @ Santosh Singh S/O Jatashankar Singh Resident Of Village- Mankarariya, Police Station- Paharpur, District- East Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Gopal Jee Singh S/O Baliram Singh Resident Of Village- Baluya, Police Station- Paharpur, District- East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners : Mr. Rajendra Narain, Sr. Adv. Mr. Lalan Kumar Verma, Advocate For the Opposite Party/s : Mr. Nand Kishor Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application has been filed seeking quashing of the First Information Report of Paharpur Police Station Case No. 155 of 2013, registered for the commission of offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. It seems that during the pendency of this application, the police, after completion of investigation,

Patna High Court Cr.Misc. No.54433 of 2013 (2) dt.03-05-2016 2/2 has already submitted charge sheet.

This application is dismissed as having become infructuous.

However, it goes without saying that the petitioners shall be at liberty to raise such plea, as has been raised in the present application, at the appropriate stage of taking of cognizance or framing of charge or any subsequent stage, as may be permissible under law. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √