Niraj Kumar Yadav v. The State Of Bihar Through Collector (District Magistrate), Bhagalpur.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1017 of 2022 Arising Out of PS. Case No.-176 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== Niraj Kumar Yadav S/O Late Satya Narayan Yadav R/O Village - Maskan Barari, P.S.- Nathnagar, District - Bhagalpur. ... ... Petitioner/S

Versus

1.

The State of Bihar Through Collector (District Magistrate), Bhagalpur. 2.

The Superintendent of Police (S.P.), Bhagalpur. 3.

The thana In-Charge, Nathnagar, Bhagalpur.

4.

Trilok Kumar Sharma @ Tippu Sharma Son Of Ghanshyam Sharma Resident of Village/Mohalla - M.T.N. Gosh Road, Champanagar, P.S.- Nathnagar, District - Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandeep Patil, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed this Cr. Writ application for quashing the F.I.R. bearing Nathnagar, Police Case No. 176 of 2020 dated 16.03.2020, under Sections 341, 323, 325, 379, 504, 506, 34 of Indian Penal Code.

Counsel for the petitioner submits that the petitioner and information were initially friends and criminal breach of trust has been made by the informant against the petitioner. Counsel submits that he has a series of documents, by which it transpires that petitioner is innocent and wrong has been done by the informant himself.

Counsel for the State submits that liberty may be

Patna High Court CR. WJC No.1017 of 2022(2) dt.02-05-2023 2/2 given to the petitioner that he may move before the Superintendent of Police, Bhagalpur, with all his supporting documents.

In the above facts and circumstances, this Court is not inclined to quash the F.I.R. but liberty is hereby granted to petitioner to move before the Superintendent of Police, Bhagalpur, in the light of Surendra Singh Vs. State of Bihar & Ors. vide order dated 09.09.2022 passed in Cr. W.J.C. No. 153 of 2017 with analogous cases.

The petitioner shall represent the entire matter before the Superintendent of Police, Bhagalpur within four weeks and the Superintendent of Police, Bhagalpur upon hearing the parties, shall take appropriate decision in the light of representation made by the above said case i.e. Surendra Singh Vs. State of Bihar & Ors. passed in Cr. W.J.C. No. 153 of 2017 with analogous cases, with regard to the reliefs. With the aforesaid direction, this Cr. Writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U T