Ashutosh Chandra v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.761 of 2016 Arising Out of PS. Case No.-214 Year-2016 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ashutosh Chandra son of Sri Suresh Chandra Pd. Sinha, resident of Village P.O. Dighi Kalan, P.S. Hajipur Sadar District Vaishali at Hajipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna 2.

The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 3.

The District Magistrate, Vaishali at Hajipur. 4.

The Superintendent of Police, Vaishali at Hajipur. 5.

Md. Masbuddin son of Md. Hanif, Incharge District Education Officer Vaishali Cum District Programme Officer Planning, Resident of Village Woari Dih Barghua P.O. Ram Nagar, P.S. Gaighat District Muzaffarpur. 6.

Birendra Kumar (Father's name not known), Sr. Deputy Collector, Collectoriate Vaishali.

7.

Smt. Renu Kumari (Father's/Husband's name not know), Sr. Deputy Collector Vaishali.

8.

Jitendra Jha (Father's name not known), District Programme Officer Secondary Education Vaishali at Hajipur.

9.

Ajit Kumar singh (Father's name not known), District Programme Officer Sarva Shiksha Abhiyan Vaishali at Hazipur.

10.

The Officer-in-Charge, Hajipur Sadar Police Station, Hajipur, Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr.Madhukar Pandey For the Respondent/s :

Mr.Lalit Kishorepaag1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-03-2019 Though this application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the FIR of Hajipur Sadar P.S. Case No. 214 of 2016 dated 16.06.2016 registered under Sections 420, 467, 468 and 471/34 of the Indian Penal Code, during pendency of the writ

Patna High Court CR. WJC No.761 of 2016(11) dt.15-03-2019 2/2 petition, the investigation has been completed and final report has been submitted in the court vide Final Report No. 358 of 2018 under section 173 (2) of the Code of Criminal Procedure as "lack of evidence".

In view of the subsequent developments, Mr. Y.C. Verma, learned Senior Advocate submitted that the writ petition may be disposed of with liberty to the petitioner that in case the court below differs with the police report and decides to proceed against the petitioner, he would be at liberty to challenge the order in accordance with law.

In view of the submission made above, the writ petition is disposed of with liberty to the petitioner to assail any adverse order which the court may pass on the final report against him.

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