Man Mohan Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 29180 of 2015 Arising out of PS. Case No. 133 Year-2015 Thana-Sahayak Nagar District-Katihar =========================================================== Man Mohan Ojha, Son of Shyam Sundar Ojha, resident of Mohalla-Officers Colony, P.S.-Sahayak, District-Katihar.

...........Petitioner/s

Versus

1. The State of Bihar.

2. Kajol Kumari, D/o Shree Rangee Ray, resident of Mohalla-Officers Colony, Mirchal Bari, P.S.-Muffasil, District-Katihar. ..........Opposite Party/s ========================================================== Appearance:

For the Petitioner/s : Ms. Prem Sheela Pandey, Adv. For the State : Mr. Uday Pratap Singh, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05/- 21.08.2020

Heard Ms. Prem Sheela Pandey, learned counsel for the petitioner and Mr. Uday Pratap Singh, learned APP for the State.

The present petition has been filed for quashing of the First Information Report of Nagar (Sahayak) P.S. Case No. 133 of 2015, dated 09.03.2015, which has been registered for the offences under Sections 376 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner is unable to inform this Court whether the investigation is still pending or has been concluded.

In any view of the matter, considering the accusation in the FIR, I am not inclined to entertain this petition for quashing of the FIR.

The petition is, accordingly, dismissed.

However, in case the investigation has been completed and the matter is pending before the Court of law, the dismissal of this petition would not come in the way of the petitioner approaching the Court below for

necessary relief under the law to which the petitioner is entitled.

(Ashutosh Kumar, J.) Praveen-II/- U T