Bhagawan Mahato @ Rajesh Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51784 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== Bhagawan Mahato @ Rajesh Mahato Son Of Mushafir Mahato R/O-Jashauli Kharg, P.S.-Pachrukhi, Distt.-Siwan (Bihar), Pin Code-841221 ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Superintendent Of Police, District-Siwan (Bihar) Bihar 3.
The Police Inspector Namely Sanjeev Kumar At Police Station At Bhagwanpur Hat, Distt.-Siwan Bihar 4.
The Police Inspector Namely Chandranath Uraw, At Police Station At Nagar Thana At Siwan Siwan, Bihar, Pin Code-841226 5.
The Investigation Officer Namely Santosh Ram At Police Station Nagar Thana At Siwan Siwan, Bihar, Pin Code-841226 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-08-2024 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite parties.
2. This is an application for quashing of the F.I.R. bearing Siwan Town P.S. Case No. 65 of 2023 registered for the offences under Sections 420, 467, 468, 120(B) of the Indian Penal Code.
3. As per the F.I.R., the petitioner is involved in making forged and fabricated Aadhar Card.
4. The defence of the petitioner cannot be considered for quashing of the F.I.R. The F.I.R. cannot be quashed on the
Patna High Court CR. MISC. No.51784 of 2023(2) dt.13-08-2024 2/2 basis of the affidavit evidence as has been held by the Hon'ble Supreme Court in the case of State of Bihar V/s P.P. Sharma reported in 1992 Supp (1) SCC 222.
5. Accordingly, this application is dismissed.
6. The petitioner is given liberty to raise all the grounds at an appropriate Stage.
(Sandeep Kumar, J) Shishir/- U T