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Patna High CourtCR. MISC./5470/2016dismiss for nonprosecution

Pulkit Singh v. The State Of Bihar

2023-03-27Mr. Justice Rajiv Roy1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5470 of 2016 Arising Out of PS. Case No.-59 Year-2015 Thana- RUPAULI District- Purnia ====================================================== Pulkit Singh Son of Sri Mahendra Singh, Resident of Village - Siripur Amghatta, P.O. - Tetri, Police Station - Naugachia, District - Bhagalpur. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Sunil Kr.Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-03-2023 No one appears on call.

The present petition has been preferred for quashing of the F.I.R. as Rupaulee (Mohanpur) P.S. Case No. 59/2015, under Sections 302 and 34 of the I.P.C.

The allegation in the F.I.R. is that the accused persons opened fire causing immediate death of informant's father. Accordingly, the F.I.R.

Although, the F.I.R. was against unknown, subsequently during the investigation, the name of the petitioner cropped up. Accordingly, cognizance order was passed. No case for interference is made out.

However, as no one has appeared, the petition is dismissed for non-prosecution with liberty to the petitioner to raise all the points at an appropriate stage before the trial Court. (Rajiv Roy, J) Ravi/-Kiran U T