Ramdeo Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41132 of 2019 Arising Out of PS. Case No.-9 Year-2016 Thana- RUPASPUR District- Patna ====================================================== RAMDEO PRASAD SINGH S/o Rudo Prasad Singh Resident of VillageChandrama, P.S-Sahjaur (Sahkund), District-Bhagalpur, at present-Road No.10/D, East Mahavir Colony, Beur, Anisabad, P.S-Beur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bibhakar Tiwary, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2019 The petitioner seeks quashing of FIR bearing Rupaspur P.S. Case No. 09 of 2016 dated 11.01.2016 instituted for the offences under Sections 353, 504, 506 and 34 of the Indian Penal Code.

The petitioner seeks quashing of the aforesaid FIR on two grounds; one being that it is vindictive in nature and only because the petitioner had demanded his dues from the informant, the aforesaid case has been lodged with false allegation of the petitioner occupying the chair of the informant. The other reason for seeking quashing of the FIR is that despite the case being of trivial nature, the investigation has remained pending for about three years. Such delayed investigation in a case like this, it has been urged, appears to be only for the purposes of keeping the sword hanging over the head of

Patna High Court CR. MISC. No.41132 of 2019(2) dt.19-07-2019 2/2 the petitioner.

Additionally it has been argued that for the charge against the petitioner for which the FIR has been lodged, the petitioner has also been proceeded against departmentally.

The aforesaid grounds do not persuade this Court for quashing the FIR. Nonetheless, it is disheartening to note that the investigation has remained pending in a case of this kind for three years. This Court expects and therefore directs that the investigation be concluded as early as possible preferably within a period of three months from the date of production of a copy of this order to the investigating officer.

With the aforesaid direction/observation, the petition is disposed of.

(Ashutosh Kumar, J) krishna/- U T