Shlok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25433 of 2017 Arising Out of PS. Case No.-155 Year-2016 Thana- BARH District- Patna ====================================================== Shlok Kumar Son of Sri Rajendra Prasd, Resident of Village- Budhni Chak Milki Par, P.S.- Barh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s:

Mr.Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor. This application is filed for quashing the order dated 27.10.2016, passed by Learned Additional C.J.M., Barh, Patna in Barh P.S. Case No. 155 of 2016 under Section 379 of Indian Penal Code, G.R. No. 746 of 2016.

It seems that the Magistrate has not understood the final form submitted by the police. In a case of theft, if the police has submitted the final form finding the occurrence to be true and Sutrahin then the petitioner cannot be blamed for that. This kind of impugned order is baseless and it will delay the insurance claim of the petitioner. In fact it has delayed the insurance claim of the petitioner.

The order dated 27.10.2016, passed by Learned Addi-

Patna High Court CR. MISC. No.25433 of 2017(3) dt.16-05-2023 2/2 tional C.J.M., Barh, Patna in Barh P.S. Case No. 155 of 2016 is hereby quashed.

The A.C.J.M. Barh is directed to accept the final form and close the case in view of the investigation of the police. (Sandeep Kumar, J) Sunnykr/- U T