Sudha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10038 of 2016 Arising Out of PS.Case No. -556 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR =========================================================== Sudha Kumari Wife of Vinod kumar Chaudhary, resident of Village-Kanhauli Vishundutta P.s Mithanpura District Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party =========================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 15-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.
2.
By way of the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the first information report (for short 'FIR') of Muzaffarpur Town P. S. Case No. 556 of 2015 registered under Sections 419, 420, 468 and 471 of the Indian Penal Code. 3.
I have heard learned counsel for the petitioner and perused the FIR as contained in Annexure-1 to the present application.
4.
From perusal of the FIR registered on the basis of the
Patna High Court Cr.Misc. No.10038 of 2016 dt.15-01-2018 2/2 statement of one Murari Prasad, Inspector of Police, Vigilance Bureau, Muzaffarpur, it cannot be said that no cognizable offence is made out.
5.
It has been submitted by the learned counsel for the petitioner that the case is still under investigation and the FIR has been instituted on the basis of misconceived facts. 6.
In the opinion of this Court, if the investigation is pending, whether the allegations made in the FIR are true or incorrect or the facts stated therein are well founded or ill founded, are to be seen by the police during investigation and not by this Court, as investigation of a criminal offence is the statutory right of the police and, at this stage, the court has no role to play. 7.
In that view of the matter, I see no reason to interdict the investigation of the case by quashing the FIR. 8.
The application, being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date16.01.2018 Transmission Date 16.01.2018