Virendra Kumar v. The State Of Bihar, Through The District Magistrate, Nalanda
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.994 of 2019 Arising Out of PS. Case No.-680 Year-2018 Thana- HILSA District- Nalanda ====================================================== Virendra Kumar Son of Late Rameshwar Prasad Resident of Patel Nagar, Near BSNL Office, P.O. Hilsa, P.S.- Hilsa, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State Of Bihar, Through The District Magistrate, Nalanda Bihar 2.
The Superintendent of Police, Nalanda. Bihar 3.
The Officer In Charge, Hilsa Police Station, Biharsharif, Nalanda. Bihar 4.
The Indian Oil Corporation Limited through, the General Manager Bihar State Office, Patna. Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rohit Mishra For the Respondent/s :
Mr. Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-03-2023 Heard the parties.
This application has been filed on behalf of the petitioner for quashing the FIR of Hilsa P.S. Case No. 680 of 2018.
Learned counsel for the petitioner submits that for desealing the Petrol Pump in question the petitioner had moved in C.W.J.C. No. 21940 of 2018 which was allowed by this Court by order dated 11.04.2019. It was ordered that the sealing of the Petrol Pump was quashed.
This Court made the following observation in the order dated 11.04.2019:-
Patna High Court CR. WJC No.994 of 2019(3) dt.14-03-2023 2/2 "Pursuant to the impugned order, F.I.R.
has already been lodged. Since this court is sitting in a different roaster and jurisdiction, the Court will restrain itself from making any comment with respect to the said FIR as it would be a matter lying in a different jurisdiction."
The FIR was filed after the Petrol Pump was sealed for the alleged illegal acts and this Court has interfered in the matter.
In these circumstances, this application is allowed. Accordingly, the FIR of Hilsa P.S. Case No. 680 of 2018 is hereby quashed.
(Sandeep Kumar, J) Vikas/Shishir U