Dholan Chauhan And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51802 of 2015 Arising Out of PS. Case No.-546 Year-2010 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
Dholan Chauhan Son of Late Ram Swaroop Chauhan resident of Village Dahwan, P.S. Bhadaur, in the district of Patna. 2.
Ram Pravesh Chauhan, Son of Late Ramjee Chauhan 3.
Ram Bali Chauhan Son of Munilal Chauhan Both resident of Village Kazichak, Beldaria Tola, Police Station Bhadaur, in the district of Patna. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Ram Prit Chauhan Son of Late Jagdish Chauhan, resident of Village Khazirau Kazichak, P.S. Bhadaur, in the district of Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None.
For the Opposite Party/s :
Mr.J.Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-03-2023 No one appears on call from either side although learned APP is present.
This is an application for quashing of the order dated 10.06.2015 passed by the learned Judicial Magistrate 1st Class, Barh in the District of Patna in Complaint Case No. 544C/2010, instituted under Section 302/120B of the Indian Penal Code. As per the prosecution story, the allegation is of killing of Manoj Chauhan and the dead body was thrown near Beur Jail which was recovered by the police, autopsy done at P.M.C.H., Patna. As however, police failed to lodge the FIR, the
Patna High Court CR. MISC. No.51802 of 2015(2) dt.20-03-2023 2/2 complaint.
Considering the fact that the matter relates to Section 302/120B of the Indian Penal Code in which the learned Court having prima facie satisfied had taken cognizance, no interference is required and it would be appropriate that the petitioners raise all the points before the Trial Court at an appropriate stage.
Accordingly, the petition stands dismissed for nonprosecution with the aforesaid liberty. (Rajiv Roy, J) Ajay Singh/- U T