Rohit Kumar @ Rohit Kumar Gupta v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.878 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- BARGAINIA District- Sitamarhi ====================================================== Rohit Kumar @ Rohit Kumar Gupta Son of Manoj Kumar @ Manoj Kumar Gupta Resident of Village - Sheopatti, P.S.- Bairgania, District - Sitamarhi. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department Of Home, Government Of Bihar, Patna 2.
The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.
The Superintendent of Police, Sitamarhi, District Sitamarhi. 4.
The Station House Officer, Bairgania, P.S. Bairgania, District - Sitamarhi. 5.
The A.S.I. Rabindra Nath Yadav, Bairgania Police Station, District - Sitamarhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Prasad Bhakta, Advocate For the Respondent/s :
Mr. M. Nasrul Huda Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 18-06-2019 This application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the FIR of Bairgania P.S. Case No.45 of 2018 dated 19.03.2018 registered under Sections 147, 148, 149, 341, 323, 353 and 504 of the Indian Penal Code.
2.
On perusal of the FIR of Bairgania P.S. Case No.45 of 2018, as contained in Annexure-1 to this application, I find that the allegations made therein do constitute a cognizable offence. To hold investigation into a cognizable offence is the statutory duty of the police. In that view of the matter, I see no
Patna High Court CR. WJC No.878 of 2019 dt.18-06-2019 2/2 reason to accede the prayer made by the petitioner. 3.
The application, being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J) Md. S/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.06.2019 Transmission Date 20.06.2019