Patna High CourtCR. MISC./13043/2016dismissed

Parmatma Singh v. State Of Bihar And ANR

2016-06-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13043 of 2016 Arising Out of PS.Case No. -263 Year- 2015 Thana -BARHARA District- BHOJPUR ======================================================

1. Parmatma Singh Son of late Gorakh Singh Resident of Village- Babura, Police Station Barhara, District Bhojpur at Ara Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shiv kumar Singh Son of late Markandey Singh Residing at VillageBabura, Police Station Barhara District Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhanendra Chaubey For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner and learned senior counsel for the informant.

The present application has been filed for quashing of the First Information Report of Barhara P.S. Case No. 263 of 2015 registered under 419, 420, 467, 468 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara.

The prosecution case is of selling the land of the informant by the accused persons including the petitioner. It is submitted by learned counsel for the petitioner that petitioner sold his share of land and for a civil nature of dispute the prosecution has maliciously been lodged. It is the settled law that the F.I.R can only be quashed if the accusation does not constitute prima facie case

Patna High Court Cr.Misc. No.13043 of 2016 (2) dt.24-06-2016 2/2 or the prosecution is barred under any law. Hence, this Court is not inclined to interfere at this stage. Moreover the case was registered on 24.08.2015 but there is nothing on record to suggest the present stage of the case.

Accordingly the application is disposed of with liberty to the petitioner to raise all the contentions at the appropriate stage.

(Dinesh Kumar Singh, J) Shageer/- U T