Ramesh Kumar Singh @ Lakhan Mahto And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37997 of 2014 Arising Out of PS.Case No. -30 Year- 2014 Thana -BHEJA District- MADHUBANI ===========================================================
1. Ramesh Kumar Singh @ Lakhan Mahto Son of Ramshanker Mahto
2. Santosh Kumar Mahto Son of Ram Shanker Mahto
3. Ranjit Thakur Son of Lal Thakur
4. Baidy Nath Mandal @ Baidy Nath Choupal Son of Yugal Mandal All resident of village- Bhagata, P.S.- Bheja, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rambilash Safi,Son of Late Kunji Lal Safi resident of village- Bhagata, P.S.- Bheja, District- Madhubani .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 04-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
2. The petitioners have filed this application seeking quashing of the FIR of Bheja P.S.Case No. 30 of 2014 registered under Sections 323, 341, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3. Learned counsel for the petitioners seeks quashing of the FIR on the ground that petitioner no. 4 is also a member of
Patna High Court Cr.Misc. No.37997 of 2014 dt.04-08-2017 2/2 Schedule Caste and informant is not an eye witness.
4. On perusal of FIR, there is allegation of assault as well as of intimidating son of the informant by taking his caste name, moreover it is a matter of investigation that whether petitioner no. 4 Baidya Nath Mandal is a member of scheduled caste or not. There is also specific allegation of assault against the petitioners, as such there is no ground for quashing the FIR. Accordingly, this application stands dismissed.
(Arun Kumar, J) Sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.08.2017 Transmission Date 11.08.2017