Haider Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44629 of 2017 Arising Out of PS.Case No. -572 Year- 2017 Thana -BETTIAH CITY District- WEST CHAMPARAN (BETTIAH) =========================================================== Haider Ansari, son of Ajim Ansari, Resident of Village- Tuniya, P.S.- Manuapul, District- West Champaran.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Salatun Nesha, Wife of Md. Sharif, resident of Mohalla- Quila, Ward No.- 20, P.S.- Bettiah Town, District- West Champaran. .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 13-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.
2. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the first information report of Bettiah Town P.S. Case No.572 of 2017 dated 03.08.2017 registered under Sections 302 and 201 read with 34 of the Indian Penal Code.
3. The first information report was instituted on the basis of written report submitted by opposite party No.2, Salatun Nesha wherein she has alleged that in June, 2011 the petitioner had kidnapped her daughter Heena @ Salma Khatoon in respect of which, Bettiah Town P.S. Case No.337 of 2011 dated 08.07.2011
Patna High Court Cr.Misc. No.44629 of 2017 dt.13-04-2018 was lodged under Sections 366 and 366-A of the Indian Penal Code against the petitioner and after investigation, charge-sheet was also submitted against him. Since then, her daughter could not be traced out. She alleged that she has come to know that the petitioner has killed her daughter and disposed of her body and now he is living with another woman in village-Tuniya.
4. The contention is that the allegations made in the first information report do not constitute any offence and, therefore, the prosecution of the petitioner in the case is unwarranted and the entire process of the investigation is an abuse of the process of law and is not going to get any fruitful result.
5. Having gone through the allegations made in the first information report, I find that the same do constitute the offences alleged. It is settled position in law that in case a cognizable offence is reported to the police it is their statutory duty to hold investigation.
6. In that view of the matter, I see no merit in this application. The application is dismissed, accordingly. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2018 Transmission Date N.A.