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Patna High CourtCR. MISC./44309/2015disposed

Sanjai Churiwala @ Sanjay Kumar Churiwala v. The State Of Bihar

2020-08-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 44309 of 2015 Arising Out of PS. Case No.-257 Year-2015 Thana- Bhagalpur GRP Case District- Bhagalpur ====================================================== Sanjai Churiwala @ Sanjay Kumar Churiwala, son of Ram Ratan Churiwala, Resident of Mohalla - Sujagrj, P.S. - Kotwali, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03.

28.08.2020 This is an application seeking quashing of F.I.R. bearing RPF / Post / Bhagalpur / P. S. Case No. 257 of 2015 and Checking Case No. 317 of 2015, instituted for the offence under Section 143 of the Railways Act. On 28.03.2018, a report was called for by this Court about the stage of this case from the court below. The report has since been received which indicates that cognizance has been taken against two of the accused persons in this case and the case against one of the accused persons has been disposed off after he pleaded guilty and was sentenced to simple imprisonment of one month and a fine of Rs. 5,000/-.

Only the case against the petitioner was pending at the time of sending of the report before the charge evidence.

Considering this stage of the case, I am not inclined to accede to the prayer of the petitioner for quashing of the F.I.R.

The prayer is rejected.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm U T