Patna High CourtCR. MISC./49572/2014dismissed

Aman Kumar Sharma And ORS. v. State Of Bihar And ANR

2017-12-15Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43304 of 2014 Arising Out of PS.Case No. -383 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Aman Yogeshwar S/o Gopal Nath Yogeshwar, Branch Manager, Mahindra & Mahindra Financial Services Limited, Arrah Branch, R/o Kazipura, P.O.-Sasaram, Districr-Rohtas.

2. Arun Choubey S/o Baij Nath Chaubey, presently posted as Branch Manager, Mahindra & Mahindra Financial Services Limited, Bokaro Branch R/o Village-Chaubeypur, P.O.-Sarawan, District-Rohtas, Bihar. .... .... Petitioners

Versus

1. The State of Bihar

2. Manvendra Narayan Singh S/o Ram Layak Singh Resident of MohallaTilak Nagar, West of Katira Talab, P.S.-Arrah Nawada, DistrictBhojpur. .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.49572 of 2014 Arising Out of PS.Case No. -383 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Aman Kumar Sharma S/o Late Kamal Kumar Sharma Associate Manager (Corporate), Mahindra Insurance broker Limited, C/o Mahindra finance, 147, Patliputra Colony, Behind Sahyog Hospital, P.S. - Patliputra, District - Patna

2. Kumar Jainit S/o Shri Ramesh Prasad Sharma Business Development Executive (Retail), Mahindra Insurance broker Limited, C/o Mahindra Finance, 516, 2nd Floor, Mahuli Kithi, K.G. Road, P.S. - Arrah Nawada, Arrah.

3. Sanjay Kumar @Sunjay kumar S/o Shri Keshav Prasad Yadav Territory Manager (Retail), Mahindra Insurance broker Limited C/o Mahindra finance, 147, Patliputra Colony, Behind Sahyog Hospital, P.S - Patliputra, District - Patna.

.... .... Petitioners

Versus

1. The State of Bihar

2. Manvendra Narayan Singh S/o Ram Layak Singh Resident of Mohalla - Tilak Nagar, West of Katira Talab, P.S. - Arrah Nawada, district - Bhojpur.

.... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.43304 of 2014) For the Petitioners : Mr. Shivendra Kumar Rai Mr. Sheela Sharma For the Opposite Party : Ms. Anita Kumari(APP)

Patna High Court Cr.Misc. No.43304 of 2014 (6) dt.15-12-2017 (In Cr.Misc. No.49572 of 2014) For the Petitioners : Mr. Shivendra Kumar Mr. Sheela Sharma For the Opposite Party : Mr. Mustaue Alam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-12-2017 Since the prayer made in both the applications is similar therefore they are being disposed of by this common order. Heard learned Counsel for the petitioners as well as the learned Counsel for the State. None appears on behalf of Opposite party No. 2.

The petitioners seek quashing of the of the FIR of Arrah Nawada PS Case No. 383 of 2014 registered for the offence under Sections 420, 467, 468 and 34 of the IPC.

Learned Counsel for the petitioners submits that the informant has received the insurance claim of his stolen vehicle and has also entered into a compromise.

However, there is settled principle of law that the FIR should not be quashed if the offence is disclosed in the allegation. It is not that the allegations made in the FIR do not disclose any offence. So both the applications stand dismissed.

(Arun Kumar, J.) Snkumar/- U T