Vivek Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS NO. 45629 of 2015 ==========================================================

1. Vivek Kumar

2. Laloo Kumar Both sons of Raj Kishore @ Raj Kishore Singh

3. Raj Kishore Singh, Son of Late Sadhu Singh All are residents of village - Dayalpur, P.S. - Chandi, District - Nalanda. ..... ......Petitioners

Versus

1. The State of Bihar.

2. Vikash Kumar, Son of Shravan Ravidas, resident of village - Dayalpur, P.S. - Chandi, District - Nalanda.

..... ......Opposite Parties ========================================================== Appearance:

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Opposite Party/s :

Mr. Special APP ========================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02.

07.09.2020.

Heard learned counsel for the parties.

This is an application seeking quashing of the F.I.R of Chandi P.S. Case No. 25 of 2015 dated 26.01.2015 instituted for the offence under Sections 323, 341, 448, 405, 406 and 379 of the Indian Penal Code and Section 3 (1)(X) of SC/ST Act.

It has been submitted on behalf of the petitioners that from bare perusal of the F.I.R., it would appear that some altercations had taken place at the time of immersion of the Idol of Goddess Saraswati. In any view of the matter since this is the case of the year 2015, the investigation in this case could have definitely been completed. If at all the investigation is still pending, the Investigating Officer is directed to conclude the same within a period of three months from today. The prayer for quashing of the F.I.R. but is rejected. However, it would be open to the petitioners to take recourse of the remedies, which are available to them under the law. (Ashutosh Kumar, J) Sunil/- U T