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Patna High CourtCR. MISC./35251/2013dismissed

Dwarika Nath Prasad v. State Of Bihar And ANR

2020-10-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35251 of 2013 Arising Out of PS. Case No.-27 Year-2013 Thana- SC/ST District- Sheohar ============================================== Dwarika Nath Prasad S/O Sri Bhola Nath Prasad Resident Of Ward No.- 10, Nagar Panchayat Sheohar, P.S.- Sheohar, District- Sheohar ... ... Petitioner

Versus

1.

State Of Bihar 2.

Sri Nathuni Chaudhary S/O Sri Sheoji Choudhari Resident Of Ward No.- 14, Nagar Panchayat Sheohar, P.S.- Sheohar, District- Sheohar. ... ... Opposite Party/s ============================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Mohan, Adv.

For the Opposite Party/s :

Mr.Binay Krishna, Spl. P.P.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-10-2020 Heard Mr. Rajesh Mohan, learned counsel for the petitioners and Mr. Binay Krishna, learned Special P.P. for the State.

This is an application seeking quashing of the F.I.R. of Sheohar SC & ST P.S. Case No. 27/2013 (G.R. No. 469/13) instituted for the offence under Sections 3(1)(X) of SC & ST (Prevention of Atrocities), Act 1989 and under Sections 341, 504 and 506 of the Indian Penal Code. In the above mentioned case, a Bench of this Court vide order dated 13.03.2014 issued notice to opposite party no. 2 and directed for no coercive steps to be taken against

Patna High Court CR. MISC. No.35251 of 2013(4) dt.15-10-2020 2/2 the petitioner in connection with the subject F.I.R. However, by the same order, it was clarified that there was no stay on the investigation and that the Bench expected the Investigating Agency to conclude the investigation within a period of two months.

In view of the aforesaid direction of this Court, charge-sheet appears to have been filed whereupon cognizance was taken. However, a Bench of this Court vide order dated 16.01.2017 directed for this case to be tagged along with Criminal Miscellaneous No. 41773 of 2016, in which the order of cognizance has been challenged. Thus, today there is no justification for keeping the present petition pending as it has become infructuous. This petition stands dismissed as having become infructuous.

(Ashutosh Kumar, J) sunilkumar/- U T