Ajit Kumar Singh v. The State Of Bihar, Through Additional Chief Secretary, Home, Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1407 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- Rohtas Traffic Police Station DistrictRohtas ====================================================== Ajit Kumar Singh Son of Shri Bishwanath Singh Resident of Village - Kalisthan, P.S.- Sasaram, District - Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar, through Additional Chief Secretary, Home, Government of Bihar 2.

The Director General of Police, Bihar, Patna 3.

The Superintendent of Police, District Rohtas at Sasaram 4.

The S.H.O. Yatayat P.S., District Rohtas at Sasaram 5.

Chandrashekhar Kumar Singh Son of Vishnudayal Singh R/o Mohalla - Karpurkha, Ward No.- 29, P.S.- Sasaram Muffasil, District - Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate For the Respondent/s :

Mr.G.P.11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has moved the Court for the following reliefs:

"i. For issuance of writ in the nature of certiorari for setting aside /quashing of Yatayat P.S. Case No. 02 of 2025 dated 05.02.2025, registered under Sections 281,106(1) B.N.S, 2023, pending before the Court of Ld. Chief Judicial Magistrate, Sasaram, Rohtash.

ii. For stay of the proceeding in connection with Yatayat P.S. Case No. 02 of 2025 dated 05.02.2025, registered under Sections 281,106(1) B.N.S,2023, pending

Patna High Court CR. WJC No.1407 of 2025(2) dt.07-07-2025 2/2 before the Court of Ld. Chief Judicial Magistrate, Sasaram, Rohtash."

3. Learned counsel for the petitioner has submitted that since the FIR has been filed after delay, therefore, the same be quashed.

4. In my opinion, no case for quashing is made out.

5. Delay in filing of the FIR cannot be a ground for quashing of the FIR. The Police is investigating the FIR and if the police finds that the FIR is false, appropriate final report shall be filed by the police.

6. In view of the above, this application is disposed of.

(Sandeep Kumar, J) P, Kumar U T