Chandan Prasad @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26901 of 2011 ====================================================== Chandan Prasad @ Chandan Kumar S/O Late Bangali Prasad R/O Vill. Madhopur, P.O. Haridaspur, P.S. Nathnagar, Distt. Bhagalpur, Presently Posted As Block Education Extension Officer, Forbesganj, P.S. Forbesganj, Distt. Araria.

.... .... Petitioner

Versus

1. The State Of Bihar,

2. The S.I. Manu Prasad, SHO, Simraha P.S. Forbesganj, Araria, son of Ram Ashray Prasad, Resident of village and P.O. Siswa, P.S. Kalyanpur, District-East Champaran.

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Jharkhandi Upadhya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2017 Heard.

This application is filed under Section 482 of Cr.P.C. for quashing the F.I.R. dated 21.06.2011 Forbesganj (Simraha) P.S. Case No. 201 of 2010, registered under Sections 419, 420, 406, 409 and 120(B)/34 of the Indian Penal Code lodged against the petitioner and seven others.

A report has been received from the Court of Sri Rakesh Kumar Pandey, Judicial Magistrate, 1st Class, Araria vide Letter No. 02 dated 12.01.2017, which disclosed that Chargesheet has already been submitted after investigation under Section 173 of Cr.P.C. on 30.08.2011 against the petitioner and the record is pending for appearance of petitioner

Patna High Court Cr.Misc. No.26901 of 2011 (11) dt.02-03-2017 2/2 and other accused.

Under such circumstances, I do not find any reason to quash the F.I.R. of Forbesganj (Simraha) P.S. Case No. 201 of 2010, registered under Sections 419, 420, 406, 409 and 120(B)/34 of the Indian Penal Code, in extraordinary jurisdiction under Section 482 Cr.P.C. Accordingly, this application is dismissed.

(Rajendra Kumar Mishra, J) manish/- U T