Patna High CourtCR. WJC/1285/2024disposed

Afshan Farida @ Afsha Farida v. The State Of Bihar, Through Director General Of Police, Govt. Of Bihar, Patna

2025-08-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1285 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== Afshan Farida @ Afsha Farida Wife of Late Dr. Afzal Ali D/o Perwez Alam, Resident of Mehboob Bakery Lane, Darji Tola, Sabjibagh, Patna at present residing at A.R. Sajda Galaxy Apartment, New Khajurbanna, Post - Mahendru, P.S.- Sultanganj, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar, through Director General of Police, Govt. of Bihar, Patna Bihar 2.

The Senior Superintendent of Police, Govt. of Bihar, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.G.P.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This application has been filed on behalf of the the petitioner for quashing the F.I.R. bearing Pirbahore P.S. Case No.171 of 2023 registered under Sections 306, 420, 379, 34 of I.P.C.

3. Learned counsel for the petitioner submits that the petitioner is the wife of the deceased and initially a U.D. Case was registered, then the subsequent F.I.R, has been registered with a different version.

4. This Court cannot examine the defence of the petitioner and compare the version in the U.D. Case and the

Patna High Court CR. WJC No.1285 of 2024(2) dt.04-08-2025 2/2 F.I.R. It is for the Investigating Agency to properly investigate the case.

5. In these circumstances, this application is disposed of with a liberty to the petitioner to approach the concerned Court below for proper investigation and the monitoring of the investigation by way of filing a petition in her case in light of the Judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of U.P., reported as (2008) 2 SCC 409. The Investigating Agency will consider the fact that in U.D. Case different version was earlier registered by the same informant.

6. If such a petition is filed then the same shall be considered by the Court below in accordance with law and appropriate orders shall be passed.

(Sandeep Kumar, J) anand/- U