Patna High CourtCR. MISC./19668/2016disposed

Mukund Chaudhary @ Mukund Kumar Chaudhary And ORS v. State Of Bihar And ANR

2016-09-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19668 of 2016 Arising Out of PS.Case No. -290 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Mukund Chaudhary @ Mukund Kumar Chaudhary son of Late Nityanand Chaudhary

2. Meena Devi wife of Late Nityanand Chaudhary Both residents of Village - Shastri Nagar, P.S. - K.Hat, District - Purnia.

3. Vikas Kumar @ Binod Thakur son of Ram Bahadur Thakur

4. Pramod Kumar @ Pramod Thakur son of Ram Bahadur Thakur Both residents of Village - Jad, P.S. Chakasa, District - Muzaffarpur.

5. Binod Kumar Singh son of Late Rai Chand Singh

6. Ragini Devi @ Rozi Devi wife of Binod Kumar Singh

7. Kumar Abinash @ Abinash Kumar son of Rajdeo Rai

8. Sweta Kumari @ Dezi wife of Kumar Abinash @ Abinash Kumar 5 to 8 are residents of Village and P.S. - Dhamdaha, District - Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandra Bhushan Singh son of Late Devendra Prasad Singh Resident of Village - Sadanadpur, Police Station - Baliya, District - Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 The present application has been filed for quashing the First Information Report of K. Hat(Madhubani) P.S. Case No. 290 of 2015 registered under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

In view of this Court, the prosecution of the F.I.R can be quashed if the accusation does not constitute prima facie cognizable offence or the prosecution is barred under certain law. Hence, this Court is not inclined to interfere. Moreover the case was registered on 05.05.2015 but there is

Patna High Court Cr.Misc. No.19668 of 2016 (2) dt.02-09-2016 2/2 nothing on record to suggest the present stage of the case. Accordingly the application is disposed of with liberty to the petitioners to raise all the contentions after submission of the final report under Section 173(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T