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Patna High CourtCR. MISC./55208/2021dismissed

Roshan Kumar Singh v. The State Of Bihar

2022-04-27Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55208 of 2021 Arising Out of PS. Case No.-129 Year-2015 Thana- EKMA District- Saran ====================================================== Roshan Kumar Singh S/O Ravindra Singh Resident of Karanpura, Amdarhi, P.S.- Ekma, District- Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2022 Heard counsel for the parties.

2. The petitioner is seeking quashing of the FIR of Ekma P.S. Case No. 129 of 2015 instituted on 18.7.2015 under sections 143, 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 427, 392, 394, 395, 397 and 398 of the Indian Penal Code and 27 of the Arms Act in which 78 persons have been named accused while 400 unknown have been made accused.

3. The Officer-in-charge has lodged the FIR stating that around 200 people of Ekma Chatti assembled with 'lathi' and 'danda' and were planning to attack Noniya Tola. It has further been alleged that the people of Amdarhi attacked Noniya Tola Ekma and thereafter both sides assaulted each other that resulted into lodging of the FIR against 78 persons who were named accused while 400 unknown persons were made accused.

Patna High Court CR. MISC. No.55208 of 2021(2) dt.27-04-2022 2/2

4. The F.I.R. was lodged on 2015 and in September, 2021, the petitioner has awaken from deep slumber and has chosen to actually challenge the FIR by invoking Section 482 of the Code of Criminal Procedure.

5. This Court finds no merit in the application preferred by the petitioner and the same is hereby dismissed. (Rajiv Roy, J) Ravi/- U T