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Patna High CourtCR. WJC/478/2016disposed

Narendra Mejor @ Narendra Das v. The State Of Bihar Through Director General Of Police And ORS

2016-07-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.478 of 2016 ====================================================== Narendra Mejor @ Narendra Das, son of Sri Harban Ram Das @ Ghtkhan Das, Resident of village- Samoli, P.S.- Rohru, District- Simla, Himachal Pradesh .... .... Petitioner

Versus

1. The State of Bihar through Director General of Police

2. The Superintendent of Police, Madhubani

3. The Officer-in-Charge, Basopatti Police Station, Madhubani

4. Smt. Rina @ Rita Devi, wife of Angaj Ram, resident of Dubhibazar, P.S.- Basopatti, District- Madhubani .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Bhupendra Narayan Singh, Advocate For the Respondent/s : Mr. Amar Nath Deo, S.C.-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-07-2016 This application has been filed for quashing the First Information Report of Basopatti P.S. Case No. 07 of 2015. The petitioner, at the relevant point of time, was posted as a Jawan in Seema Suraksha Bal. Allegedly, the petitioner had entered into the house of the informant and had attempted to outrage her modesty.

Learned counsel for the petitioner has drawn my attention to the statement of the informant recorded under Section 164 of the Code of Criminal Procedure. He submits that the accusation against the petitioner is malicious. It has been submitted, accordingly, that criminal case was lodged against the

Patna High Court Cr. WJC No.478 of 2016 (2) dt.05-07-2016 2/2 petitioner at the investigation of villagers. However, it appears that the Police upon investigation have already submitted chargesheet and in between charge has been framed against the petitioner. Learned counsel for the petitioner submits that the petitioner is a resident of Himachal Pradesh and he is facing a lot of inconvenience because of long pendency of criminal case against him.

However, this cannot be the basis for quashing of the entire criminal prosecution Case No. 07 of 2015 arising out of the said Basopatti P.S. Case No. 07 of 2015, which has been pending in the Court of learned 1st Additional Sessions Judge, Madhubani. However, in the facts and circumstances of the case, it is observed that sincere effort should be made for expeditious disposal of the Trial No. 466 of 2016.

This application stands disposed of with the aforesaid observation.

(Chakradhari Sharan Singh, J) Vats/- U T