Afzal Hussain @ Mantu And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.121 of 2016 Arising Out of PS.Case No. -133 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ===========================================================

1. Afzal Hussain @ Mantu Son of Md. Nafis, Resident of village-Mansurpur Halaiya, P.S.- Goraul, O.P. Katahra, District- Vaishali

2. Reyaz Ahmed @ Md. Guddu Son of Md. Zafir, Resident of village- Dubha, P.S.- Desari, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pushpalata Devi, wife of Viswanath Prasad Singh, R/o Mohalla- Aamgola, Pankhatoli, P.O.- Ramana, P.S.- Kaji Mohammad Pur, District- Muzaffarpur .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Rajpati, Advocate. For the Opposite Party/s : Mr. S. Dayal, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 08-08-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the First Information Report of Ahiyapur P.S. Case No. 133 of 2015 for the offence under Sections 406, 419, 420, 467, 471, 302 and 120(b) of the Indian Penal Code.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

As per written report the husband of the informant died in suspicious condition. The informant has raised suspicion against petitioners and other accused persons in the complaint petition

Patna High Court Cr.Misc. No.121 of 2016 dt.08-08-2018 2/2 which was sent to Police Station under Section 156 (3) Cr. P.C. The informant has given detail about various acts of omission and commission which were committed by the petitioners to grab the business of husband of the informant and were preventing him from day-to-day business.

4.

This Court after looking into the nature of allegation finds that proper investigation is required in the case. 5.

Therefore, this Court is not inclined to quash the First Information Report.

6.

The Superintendent of Police is directed to instruct the Investigating Officer to conclude the investigation positively within a period of three months from the date of receipt of this order and submit report in terms of Provision of Section 173 (2) Cr. P.C. 7.

The District and Sessions Judge, Muzaffarpur, will communicate the copy of this order to Superintendent of Police, Muzaffarpur, for compliance.

8.

This Criminal Miscellaneous application is accordingly dismissed with direction made above. (Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14/08/2018 Transmission Date 14/08/2018