Santosh Mukhiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30320 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Santosh Mukhiya, son of Gowari Mukhiya, Resident of VillageKunwarpur, Police Station- Pipra, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ravi Mukhiya son of Guli Mukhiya Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 02-09-2016 The present application has been filed for quashing the First Information Report of Pipra P.S. Case No. 259 of 2015 registered under Sections 406, 420 and 506 of the Indian Penal Code.

In view of this Court the FIR of the cognizable offence can be quashed only if the accusation does not constitute any offence or the prosecution is barred under any law. Moreover, the FIR was registered on 14.10.2015 but there is nothing on record to suggest the present state of the case. In the circumstances, this application is disposed of with liberty to the petitioner to raise all the contentions

Patna High Court Cr.Misc. No.30320 of 2016 (2) dt.02-09-2016 2/2 on submission of final report under Section 173(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) DKS/- U T