Sujeet Kumar v. The State Of Bihar Through Principal Secretary Excise Deptt. Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1896 of 2018 Arising Out of PS. Case No.-316 Year-2017 Thana- KOTWALI District- Patna ====================================================== Sujeet Kumar S/o Late Janardan Prasad Singh, R/o Qtr, No. A/18, Adalatganj, P.S.- Kotwali, Distt.- Patna.

... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary Excise Deptt. Govt. of Bihar, Patna.

2.

Chief Secretary, Govt. of Bihar, Patna.

3.

The Directorate General of Police, Bihar, Patna. 6.

The Station Head Officer, Kotwali P.S. Kotwali, Patna. 7.

Investigating Officer, Kotwali P.S.- Case No. 316/17, Kotwali, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Amresh Kumar Sinha, Advocate For the Respondent :

Mr.Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-10-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the first information report of Kotwali P. S. Case No. 316 of 2017 corresponding to Special Case No.3162 of 2017 registered under Section 290 of the Indian Penal Code and Section 37(b) and (c) of Bihar Prohibition and Excise Act, 2016. At the outset, it has been fairly conceded that during the pendency of the present application, investigation has been completed and charge-sheet has been submitted before the court of Special Judge.

Learned counsel appearing for the petitioner

Patna High Court CR. WJC No.1896 of 2018(4) dt.14-10-2019 2/2 submitted that in view of the subsequent development, the application may be disposed of with liberty to the petitioner to challenge any adverse order which may be passed by the court of Special Judge after going through the materials on record including the report under Section 173(2) of the Code of Criminal Procedure.

Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U T