Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8030 of 2018 Arising Out of PS. Case No.-84 Year-2017 Thana- GANGABRIDGE District- Vaishali ====================================================== Vikash Kumar S/o Manoj Rai, Resident of Village- Hilalp......, P.S.-Industrial Area, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar, Advocate For the Opposite Party/s :

Mr.Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present petition has been preferred for quashing of the FIR bearing Ganga Bridge P.S. Case No. 84 of 2017 for the offence registered under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code and Sections 3(1)(r), 3(1) (S) SC/ST Act.

As per the prosecution story, the informant alleged that the petitioner called him near Ganga Bridge, pillar no. 1 with agreement of land and the further allegation is that he had executed a sale deed for a land measuring 1 katha situated at Paswan Chowk on receiving advance of Rs. 2 lakhs. Further, when he reached and met the petitioner, he demanded the said document (agreement of the land) and after snatching the same, torn it out and thereafter abused him. When he protested, it is

Patna High Court CR. MISC. No.8030 of 2018(2) dt.02-02-2023 2/2 alleged that the petitioner took caste name and also assaulted for which he was treated at Sadar Hospital. Accordingly, the FIR was lodged.

Considering the kind of allegation that has come in the FIR certainly it is not a fit case for interference in the matter. The Cr. Misc. No. 8030 of 2018 is without any merit and is accordingly dismissed.

(Rajiv Roy, J) Jagdish/Neha/- U T