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Patna High CourtCR. WJC/1180/2021dismissed

Rajesh Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Home, New Secretariat,Patna,Bihar

2023-04-26Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1180 of 2021 Arising Out of PS. Case No.-294 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== RAJESH KUMAR Son of Late Karmlal Yadav Resident of Village - Baijnathpur, P.s.- Saur Bazar, Distt.- Saharsa ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, New Secretariat, Patna, Bihar 2.

The Superintendent of Police, Madhepura 3.

Prem Kumar Yadav, S.I. Udakishunganj Circle, Madhepura ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Anuj Kumar, Adv.

For the Respondents :

Mr.Saroj Kumar Sharma, AC to AAG III ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2023 Counsel for the petitioner is directed to remove the defect(s) within two weeks.

Heard counsel for the petitioner and the State. The present application has been filed for quashing Alamnagar P.S. Case No. 294 of 2019, dated 06.12.2019, registered under Sections 420, 201 and 120B/34 of the Indian Penal Code.

Counsel for the petitioner submits that the petitioner is innocent. He submits that present first information report has been lodged only due to the dispute between the colleagues working in the same Police Station and this first information report is absolutely false.

Counsel for the State submits that this case has been filed after holding enquiry by the high officials and after result

Patna High Court CR. WJC No.1180 of 2021(3) dt.26-04-2023 2/2 of the enquiry report this first information report has been lodged.

Upon going through the documents, it transpires that the offence, as lodged in the first information report, is made out, therefore, I am not inclined to interfere into the matter and this writ petition is dismissed.

Liberty is hereby granted to the petitioner that he may take appropriate remedy before the appropriate forum. (Dr. Anshuman, J) Shamshad/- U T