Latif Mian @ Abdul Latif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30021 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== LATIF MIAN @ ABDUL LATIF SON OF LATE MOTAB MIYAN RESIDENT OF DIHI DHABELWA, P.S. - JOGAPATTI, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR, PATNA 2.

AURANGZEB ANSARI SON OF SAHZAD ANSARI RESIDENT OF DIHI DHABELWA, P.S. - JOGAPATTI, DISTRICT - WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2023 Heard the parties.

This is an application for quashing of F.I.R. and other consequences arising out of Jogapatti P.S. Case No. 280 of 2022 for the offences punishable under Sections 147, 341, 323, 324, 307, 337, 504, 379 of the I.P.C.

The petitioner wants quashing of the F.I.R. on the basis of statement that the F.I.R. is counter blast to the earlier case filed by the petitioner. The F.I.R. cannot be quashed by considering the affidavit/ evidence as has been held by the Hon'ble Supreme Court in the case of State of Bihar Vs. P.P. Sharma 1992 Supp. (1) SCC 222.

In view of the above, I am not inclined to quash the

Patna High Court CR. MISC. No.30021 of 2023(2) dt.20-06-2023 2/2 F.I.R.. Accordingly, this application is dismissed. However, the petitioner is at liberty to raise all the grounds at appropriate stage including at the stage of cognizance.

(Sandeep Kumar, J) sanjeev/- U T