Patna High CourtCR. MISC./43690/2017disposed

Pintu Singh @ Yashwant Singh And ANR v. State Of Bihar And ANR

2018-05-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43690 of 2017 Arising Out of PS.Case No. -53 Year- 2015 Thana -GARDANIBAGH District- PATNA ======================================================

1. Pintu Singh @ Yashwant Singh, S/o Late Om Prakash Singh.

2. Niraj Kumar, S/o Late Bipin Kumar Singh, Both are residents of Vishnu Plaza, Tahir Lane, Road No. 16/10, Mohalla: Gardanibagh, P.S: Gardanibagh, District- Patna. .... .... Petitioners

Versus

1. The State of Bihar.

2. Bittu Kumar @ Rahul Pratap Singh, S/o Rana Pratap Singh @ Rana Singh, resident of Tahir Lane, Road No. 16/10, Mohalla: Gardanibagh, P.S: Gardanibagh, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 5 11-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of the first information report of Gardanibagh P.S. Case No.53 of 2015 dated 03.03.2015 registered under Sections 341, 323, 379, 354 and 504 read with 34 of the Indian Penal

Patna High Court Cr.Misc. No.43690 of 2017 (5) dt.11-05-2018 Code.

At the outset, it has been brought to the notice of the Court that during pendency of the application, the investigation of the case has been completed and the police have submitted their report under Section 173 of the Code of Criminal Procedure and after going through the police report and the materials on record, the Court of Magistrate has already taken cognizance of the offences.

In that view of the matter, this application is disposed of as infructuous.

The petitioners would be at liberty to challenge the order whereby congnizance of the offence has been taken and he has been summoned to face trial by way of filing another substantive petition in accordance with law.

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