Kameshwar Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34219 of 2015 Arising out of PS. Case No. 46 Year-2015 Thana-Dawath District-Sasaram (Rohtas) =========================================================== Binod Dubey, Son of Mahendra Dubey, R/o Village-Simari, P.S.-Dawath, DistrictRohtas. ...........Petitioner/s

Versus

The State of Bihar ..........Opposite Party/s WITH Criminal Miscellaneous No. 36188 of 2015 Arising out of PS. Case No. 46 Year-2015 Thana-Dawath District-Sasaram (Rohtas) =========================================================== Kameshwar Choubey, Son of Late Gopal Choubey, resident of Village-Simari, P.S.- Dawath, District-Rohtas.

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

Versus

The State of Bihar.

..........Opposite Party/s ========================================================== Appearance (In both the cases):

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Adv. For the State : Mr. Jagdhar Prasad, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

ORAL ORDER 07/- 21.08.2020 Heard Mr. Prabhat Ranjan Singh, learned counsel for the petitioners and Mr. Jagdhar Prasad, learned APP for the State. Both the petitions have been filed for quashing of the First Information Report of Dawath P.S. Case No. 46 of 2015, dated 09.05.2015, which has been registered for the offences under Sections 406, 409 and 120(B) of the Indian Penal Code. There is no communication between the petitioners and the learned Advocate and, therefore, this Court is not in know of the fact whether the investigation is still pending or has been concluded.

If at all the investigation has not been concluded, the same shall be done with urgent dispatch, preferably within a period of three months from the date of receipt/production of a copy of this order.

This order shall be given effect to only if the investigation has remained pending. If a final report has been submitted in these cases, it would be open for the petitioners, if

they are aggrieved by such report, to take recourse of judicial proceedings.

With the aforesaid observation, both the petitions stand disposed off.

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