← Library
Patna High CourtCR. WJC/1564/2017allowed

Smt. Anita v. The State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna And ORS

2023-03-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1564 of 2017 Arising Out of PS. Case No.-120 Year-2017 Thana- RUPASPUR District- Patna ====================================================== Smt. Anita W/o Jitendra Kumar, R/o Flat No. A/301, Shiva Apartment, I.A.S. Colony, P.S.- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna 2.

The Senior Superintendent of Police, Patna.

3.

The Superintendent of Police, Patna.

4.

The Deputy Superintendent of Police, Patna.

5.

The officer In Charge, Rupaspur P.S., Patna.

6.

The Investigating Officer, Rupaspur P.S. Case No.120/2017, Rupaspur Police Station, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Respondent/s :

Mr.Md. N.H. Khan, SC1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of F.I.R vide Rupaspur P.S. Case No. 120 of 2017 passed by learned Special Judge, S.C./S.T, Patna against the petitioner for the offences under Sections 323, 324, 326, 342, 344, 370, 374 of the Indian Penal Code, under Section 3 of the Child Labour (Prohibition and Regular) Act, 1986, under Section 16 of the Bonded Labour (Abolition) Act, 1971, under Section 3(VI) of the SC/ST Act and under Section 26 of the Juvenile Justice Act,

Patna High Court CR. WJC No.1564 of 2017(5) dt.21-03-2023 2/2 2000.

The alleged victim has not made any allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C. It will be a futile exercise to put the petitioner on trial as there is no chance even remotely of conviction of the petitioner.

In these circumstances, the F.I.R. vide Rupaspur P.S. Case No. 120 of 2017 passed by learned Special Judge, S.C./S.T, Patna is hereby quashed.

(Sandeep Kumar, J) Harsh/ U