Sunil Shekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79444 of 2018 Arising Out of PS. Case No.-74 Year-2016 Thana- HABIBPUR District- Bhagalpur ====================================================== Sunil Shekhar, S/o Yudhishthir Mandal, Resident of Mohalla-Salehpur, P.S.- Habibpur, District - Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Akhileshwar Prasad Singh, Senior Advocate Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party :

Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-02-2020 Heard Mr. Akhileshwar Prasad Singh, learned senior advocate appearing for the State.

Admittedly, the investigation is over and a police report has already been submitted before the court under Section 173(2) of the Code of Criminal Procedure.

In that view of the matter, at this stage, the prayer of the petitioner for quashing of the first information report cannot be considered. Accordingly, the application preferred under Section 482 of the Code of Criminal Procedure for quashing the first information report of Habibpur P.S. Case No.74 of 2016 is dismissed.

However, if so aggrieved, the petitioner would be at liberty to challenge the order taking cognizance passed under Section 190 of the Code of Criminal Procedure by the court of

Patna High Court CR. MISC. No.79444 of 2018(2) dt.26-02-2020 2/2 Magistrate pursuant to appreciation of the materials on record including the report submitted by the police under Section 173(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T