Patna High CourtCR. WJC/691/2016disposed

Krishna Kumar Singh v. The State Of Bihar, Through Its Chief Secretary, Bihar, Patna And ORS

2017-09-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 691 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- BUXAR =========================================================== Krishna Kumar Singh, Son of Late Baleshwar Singh, Resident of Village - Ailay, P.S. - Chand, District - Kaimur at Bhabhua .... .... Petitioner

Versus

1. The State of Bihar, through its Chief Secretary, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Superintendent of Police, Buxar.

4. The Officer In-charge, Itarhi Police Station, Itarhi, Buxar. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rana Ishwar Chandra, Advocate For the Respondents : Mr. Anjani Kumar, AAG 6 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-09-2017 Heard learned counsels for the parties.

The present writ application has been filed for quashing the FIR of Itarhi P.S. Case No. 144 of 2013 registered under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code vide Annexure-1 on the ground that for the same set of facts Bhabhua P.S. Case No. 117 of 1987 was registered and on similar grounds some other co-accused Madhu Kumari and others had approached this Court for quashing the FIR of the present Itarhi P.S. Case No. 144 of 2013 in Cr. Misc. No. 53187 of 2013, an application under Section 482 Cr.P.C., and this Court was pleased to quash the entire FIR by order dated 18.04.2016.

The order of this Court passed in Cr. Misc. No. 53187 of 2013 at Annexure-6 reveals that entire FIR was quashed,

Patna High Court Cr. WJC No.691 of 2016 dt.06-09-2017 2 /2 hence, it is immaterial that the petitioner was not a party in that application.

This Court cannot exercise this jurisdiction to quash the FIR which has already been quashed. Therefore, this application stands disposed of.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 09.09.2017 Transmission Date 09.09.2017