Pradeep Mahto @ Pradip Kumar v. The State Of Bihar Through The Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.696 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- RAJIVNAGAR District- Patna ====================================================== Pradeep Mahto @ Pradip Kumar aged about 44 years (Male) Son of Late Laxmi Mahto Resident of Village- Badhauna, P.S.- Pakribarawan, DistrictNawada, at present Mohalla- Magadh Lane, Phase-1 Chandra Bihar Colony, Nepali Nagar, P.S.- Rajeev Nagar, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Director General Of Police, Bihar, Patna. 2.

The Deputy Inspector General of Police, Patna Division, Patna. 3.

The Senior Superintendent of Police, Patna.

4.

The Superintendent of Police Patna West, District- Patna. 5.

The Officer In- Charge Rajeev Nagar Police Station, District- Patna. 6.

Manvendra Kumar Singh, aged about 30 years Male Assistant Regional Manager, Bihar State Housing Co- Operative Federation Limited Lalit Bhawan, Bailey Road, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Bharat Lal, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 23-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2.

This application under Articles 226 & 227 of the Constitution of India has been filed by the petitioner for quashing the first information report (for short 'FIR') of Rajeev Nagar P. S. Case No. 87 of 2019 dated 16.02.2019 registered under Sections 353, 504, 420, 467, 468, 471 and 120 B of the Indian Penal Code and Section 3 of Public Property Defacement Act.

Patna High Court CR. WJC No.696 of 2019 dt.23-04-2019 2/2 3.

The allegations made in the FIR instituted on the basis of the written report submitted by one Manvendra Kumar Singh, Assistant Regional Manager, Bihar State Housing Corporation Federation Ltd., as contained in Annexure-2 to this application, do attract the ingredients of a cognizable offence. 4.

To hold investigation into a cognizable offence is the statutory right of the police.

5.

In that view of the matter, I do not see any illegality either in institution of the FIR or in investigation of the case. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.04.2019 Transmission Date 23.04.2019