Chunchun Jha v. The State Of Bihar Through Its Secretary, Food And Civil Supply, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1054 of 2016 Arising Out of PS. Case No.-74 Year-2016 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Chunchun Jha Son of Late Hari Kant Jha, resident of Village- Telhara Kalan, Station- Kundwa Chainpur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Its Secretary, Food And Civil Supply, Govt. Of Bihar, Patna 2.

The District Magistrate, East Champaran, Motihari. 3.

The Assistant District Supply officer, Sikarhana, Motihari, East Champaran. 4.

The Superintendent of Police, East Champaran, Motihari. 5.

The Deputy Superintendent of Police, East Champaran, Motihari. 6.

The Sub Divisional Officer, Sikarhana, Dhaka, East Champaran, Motihari. 7.

The District Supply officer, Sikarhana, Dhaka, East Champaran, Motihari. 8.

The Assistant District Supply Officer, Sikarhana, Dhaka, East Champaran, Motihari.

9.

The Block Supply Officer, cum Marketing Officer, Dhaka, East Champaran, Motihari.

10.

The Investigating Officer, Kundwa Chainpur, Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5, For the BSFC :

Mr. Sailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This writ petition has been filed by the petitioner for quashing the FIR of Kundwa Chainpur P.S. Case No. 74 of 2016 dated 26.08.2016 registered under Section 409 and 420 of the Indian Penal Code and Section 7 of the E.C. Act.

Patna High Court CR. WJC No.1054 of 2016(3) dt.15-03-2019 2/2 On perusal of the FIR, it would be manifest that the allegations made therein do attract the ingredients of a cognizable offence. To hold investigation into a cognizable offence is the statutory right of the police. Moreover, in the instance case, during pendency of the writ petition, the investigation has been completed and charge-sheet has already been submitted in the court against the petitioner. In that view of the matter, the application is dismissed.

(Ashwani Kumar Singh, J) pradeep/sneha U T