Patna High CourtCR. MISC./31630/2013dismissed

Sanjit Kumar Block Development Officer, Banjariya v. The State Of Bihar And ORS

2016-03-08Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.31630 of 2013 (2) dt.08-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31630 of 2013 Arising Out of PS.Case No. -209 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sanjit Kumar Block Development Officer, Banjariya Son Of Late Ramkishun Prasad, Resident Of Vill- Nandan, Kaituka, P.S- Distt- Chapara .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Lal Kishore Ram Son Of Late Ramotar Ram Senior Accountant Officer, Distt And Vill- Develoment Agency, Motihari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Gulnar Begum(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. It transpires from the supplementary affidavit filed on behalf of the petitioner that charge-sheet has been submitted upon completion of investigation.

Learned counsel for the petitioner submits that the investigation ought to have been done by an officer not below the rank of Superintendent of Police, whereas in the present case the police report has been submitted by the Assistant Sub-Inspector of Police, which is not permissible and on such basis no cognizance can be taken.

Patna High Court Cr.Misc. No.31630 of 2013 (2) dt.08-03-2016 So far as the plea for quashing of the First Information Report is concerned, I am not at all satisfied with the submission that no cognizable offence is made out on the basis of the contents of the First Information Report.

This application is, accordingly, dismissed.

However, the petitioner shall have liberty to raise the plea that Assistant Sub-Inspector of Police did not have the jurisdiction to submit final report at the time of taking cognizance or after taking of cognizance as may be permissible to him under law.

(Chakradhari Sharan Singh, J) ArunKumar/- U