Murari Singh v. The State Of Bihar Through Its Secretary, Deptt. Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1188 of 2021 Arising Out of PS. Case No.-171 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Murari Singh, male, aged about 45 years, Son of Sarvajit Singh R/O Village- Nuaon, P.S.- Buxar (M), District- Buxar 2.

Ramashish Singh @ Ramashish Singh, male, aged about 52 years, Son of Late Rupa Singh R/O Village- Nuaon, P.S.- Buxar (M), District- Buxar 3.

Ravi Singh, male, aged about 28 years, Son of Shivji Singh R/O VillageNuaon, P.S.- Buxar (M), District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Deptt. of Home, Govt. of Bihar, Patna 2.

The District Magistrate, Buxar 3.

The Superintendent of Police, Buxar 4.

The Sub-Divisional Officer, Buxar 5.

The Circle Officer, Buxar 6.

The S.H.O., Buxar (M), Buxar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv, For the Respondent/s :

Mr. Nadim Seraj GP-5.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-11-2021 Heard learned counsel for the petitioners and learned GP-5 for the State.

Learned counsel for the petitioners submits that the First Information report bearing Buxar (M) P. S. Case No. 171 of 2021 has been lodged belatedly on 06.05.2021 alleging offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, committed on 14.04.2021 and 16.04.2021. He submits that the same is after a delay of 19

Patna High Court CR. WJC No.1188 of 2021(3) dt.03-11-2021 2/2 days and by way of an afterthought. It is submitted that the petitioners have been implicated merely because they had objected to installation of a statue on public lands in the village. In this regard they had also made an application before the S. P. Buxar on 16.04.2021 and 21.05.2021.

This Court would observe that delay of 19 days per se cannot be a ground for quashing of the First Information Report by this Court under writ jurisdiction. In so far as the petitioners case that their implication is false and motivated, this Court would observe that these are issues which remain to be investigated. This Court is therefore of the opinion that at this stage no case is made out for quashing of the First Information Report.

The application is dismissed.

(Madhuresh Prasad, J) shyambihari/- U T