Babua Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11183 of 2021 Arising Out of PS. Case No.-68 Year-2009 Thana- MANJHI District- Saran ====================================================== 1.

BABUA NAND SINGH S/o Madhusudan Singh Resident of Village-Tajpur, P.O.-Phulwaria Tajpur, P.S.-Manjhi, District-Saran, at present posted as Assistant Teacher, Girl Primary School, Dumaigarh, Manjhi Block, Saran841209. 2.

Lalita Devi W/o Sri Surendra Singh Resident of Village-Tajpur, P.OPhulwaria, Tajpur, P.S-Manjhi, District-Saran, at present posted as Assistant Teacher, Primary School, Salempur, Dumaigarh, Manjhi Block, Saran841209 3.

Meena Devi W/o Bijay Shankar Ram, D/o Jaydhar Ram Resident of VillageBhorhopur Ke Mathian, P.O.-Ekma, P.S.-Ekma, District-Saran-841208, posted as Assistant Teacher, Primary School, Salempur, Dumaigarh, Manjhi Block, Saran-841209.

4.

Nirmla Kumari W/o Sri Sanjay Kumar, D/o Kedar Prasad Resident of Village-Chainpur, P.O.-Damodarpur, P.S.-Kanti, District-Muzaffarpur, at present posted as Assistant Teacher, New Primary School, Gareya Tola, Dumaigarh, Manjhi Block, Saran.

... ... Petitioners.

Versus

1.

The State of Bihar 2.

Sri Rajeev Ranjan, Block Development Officer, Manjhi Block, Saran. Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahesh Narayan Parvat, Sr. Advocate Mr. Praveen Prabhakar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned senior counsel for the petitioners and learned APP for the State.

The present application has been preferred for quashing the F.I.R., bearing Manjhi P.S. Case No.68 of 2009, registered under Sections 419, 420 & 468 (wrongly mentioned as 48) of the Indian Penal Code.

Patna High Court CR. MISC. No.11183 of 2021(9) dt.19-01-2023 2/2 Learned senior counsel for the petitioners submits that the petitioners have been made accused in the said case by committing error of record, in illegal and arbitrary manner and on erroneous grounds as also without any evidence of their involvement in the alleged crime. He further submits that police has submitted the charge sheet after 13 years. Considering the fact that the charge sheet has been submitted before the learned Court below, I am not inclined to interfere in this matter.

Accordingly, this application is disposed of with a liberty to the petitioner to raise such question in accordance with law as he may be advised.

(Anjani Kumar Sharan, J) Trivedi/- U T