Anil Kumar v. The State Of Bihar Through State Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5062 of 2013 Arising Out of PS.Case No. -32 Year- 2011 Thana -SIKTI District- - ======================================================

1. Anil Kumar S/O Mit Narayan Prasad The Then Block Development Officer, Sikti Block, District Araria, Resident Of Village Bhaisasur (Ranchi Road), Police Station Laheri, District Nalanda. .... .... Petitioner/s

Versus

1. The State Of Bihar Through State Vigilance .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Ramakant Sharma (L.O.(I/C Vig.)) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 04-05-2015 None appears on behalf of the petitioner and the record shows that the petitioner had obtained several adjournments on one ground or the other. Firstly, the petition was filed with defect and after the defect was waived the petitioner started absenting himself.

Perused the records and the connected papers placed on the present petition. The prayer made in the petition is to quash the entire criminal proceedings arising out of Sikti P.S.Case No.32 of 2011 (G.R.No.1172 of 2011).

On perusal of the record, it does not appear that the investigation of the above noted case had been concluded by the time, the petition has been filed, and what appears is that the petitioner seeks the quashing of the FIR.

Patna High Court Cr.Misc. No.5062 of 2013 (6) dt.04-05-2015 This Court wants to remind itself that if on perusal of the facts stated in the FIR cognizable offence is made out, then the Court is devoid of its authority to quash the proceedings. The police has the statutory duty to investigate a criminal case. The petition lacks merit and the same is dismissed. (Dharnidhar Jha, J) B.Kr./- U T