Krishan Mohan Pathak v. The State Of Bihar And ORS

Patna High Court Cr. WJC No.605 of 2014 (8) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.605 of 2014 ====================================================== Krishan Mohan Pathak, son of Shri Sharda Pathak, resident of VillageBelawari Patti, Police Station- Thakaraha, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Director General of Police, Bihar, Patna.

3. The Superintendent of Police, Bagaha West Champaran.

4. Shobha Devi @ Shobha Tiwari, wife of Upendra Tiwary, resident of Village- Patera, Police Station- Laukariya, District- West Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate. For the Respondent/s : Mr. Md.Arif (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present petition has been filed for quashing the First Information Report in Mahila Police Station (Bagaha) Case No. 13 of 2014 for the offences under Sections 323 and 376 of the Indian Penal Code.

3. It is submitted on behalf of the petitioner that the private respondent no. 4 has acted maliciously in lodging the F.I.R. In fact she is in habit of filing false and frivolous cases as evident from similar cases instituted at her instance such as Complaint Case No. 1105 of 2012 and Mahila (Bagaha) P.S. Case No. 43 of 2013 before the A.C.J.M., Bagaha, West Champaran.

4. Be that as it may, it transpires from a copy of

Patna High Court Cr. WJC No.605 of 2014 (8) dt.20-04-2015 the case diary which was called for by this Court in its order dated 13.02.2015, that the investigation in the case has since been concluded and the chargesheet has been submitted against the petitioner.

5. In that view of the matter, this Court is not inclined to grant the relief sought by the petitioner and the writ petition accordingly stands dismissed.

6. The petitioner shall be at liberty to raise all the points at the appropriate stage before the appropriate forum. (Vikash Jain, J) Md. Ibrarul/- U T