Raj Kumar And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45510 of 2012 ======================================================

1. Raj Kumar, son of late Mahadav Prasad,

2. Manoj Kumar, son of late Mahadav Prasad, both resident of East of Roxy Cinema Main Raod Motihari, P.S. Motihari Mufassil, District East Champaran .... .... Petitioner/s

Versus

1. State of Bihar

2. Mohan Paswan, son of Sri Kewal Paswan, Kataha Loknathpur, P.S. Motihari Muffasil, District East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakmesh Marvind, Advocate. For the Opposite Party/s : Mr. S.N.Shukla (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.

This application has been filed for quashing First Information Report vide Motihari SC/ST P.S. Case No.70 of 2012 for the offences under Sections 341, 323, 379/34 of the Indian Penal Code read with Sections 3(i)(x) of the SC/ST Act.

Allegations made in the FIR prima-facie constitute offence against the petitioners. There is no material fact on the record for the purposes of entertaining this application. This Court under Section 482 of the Code of Criminal Procedure will interfere only in the exceptional circumstances and present case does not fall in the category of exceptional circumstances. This Court does not find any merit in this application.

Patna High Court Cr.Misc. No.45510 of 2012 (2) dt.16-04-2015 Accordingly this application is dismissed.

(Shivaji Pandey, J) Vinay/- U T