Hari Shankar Prasad Singh @ Hari Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43700 of 2019 Arising Out of PS. Case No.-202 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== HARI SHANKAR PRASAD SINGH @ HARI SHANKAR SINGH Son of Baleshwar Singh Resident of village- Hirpur P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Om Prakash Sahani Son of Ramjee Sahani Resident of village- Dulaure, P.S.- Jandaha, District- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-08-2019 The petitioner seeks quashing of the FIR bearing Jandaha P.S. Case No. 202 of 2018 dated 14.08.2018 instituted for the offences under Sections 302, 120(B), 506 and 34 of the Indian Penal Code read with Section 27 of the Arms Act pending in the court of learned Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur.

Learned counsel for the petitioner submits that the name of the petitioner has transpired during the course of investigation and the materials which have been collected up till now do not warrant any further investigation with respect to the petitioner. It has further been submitted that the accusation against the petitioner is only on the basis of past enmity and dispute with the

Patna High Court CR. MISC. No.43700 of 2019(2) dt.26-08-2019 2/2 erstwhile Pramukh.

This Court had examined the aforesaid contentions with respect to a petition filed by one of the co-accused persons, who was named in the FIR viz. Binod Kumar Choudhary @ Binod Choudhary in Cr. Misc. No. 40738 of 2019. The aforesaid case was dismissed by order dated 15.07.2019 with a direction to conclude the investigation and submit a report to the concerned court in right earnest.

No good ground has been made out by the petitioner in the present petition to quash the subject FIR.

The petitioner ought to participate in the investigation. The investigating agency is directed to conclude the investigation and submit a report before the court.

The petition stands dismissed with the aforesaid observation.

(Ashutosh Kumar, J) krishna/- U T