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Patna High CourtCR. MISC./4937/2016disposed

Abhishek Kumar @ Tinkle v. The State Of Bihar

2016-07-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4937 of 2016 Arising Out of PS.Case No. -139 Year- 2015 Thana -TEGHRA District- BEGUSARAI ====================================================== Abhishek Kumar @ Tinkle son of Sadan Kumar @ Sadan Raut .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Praveen, Advocate For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for quashing of the First Information Report of Teghra P.S. Case No.139/2015 registered under Section 379 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the name of the petitioner sprang up only on confession of coaccused and there is no recovery from the petitioner. In view of this Court since petitioner's name sprang up during investigation cannot be a ground for quashing of the First Information Report. Moreover the case was registered on 13.05.2015 but there is nothing on record to suggest the present stage of the case. Hence, this Court is not inclined to interfere into the matter at present.

Patna High Court Cr.Misc. No.4937 of 2016 (2) dt.01-07-2016 2/2 Accordingly the application is disposed of with liberty to the petitioner to raise all the contentions on submission of final report under section 173(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T