Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1208 of 2019 Arising Out of PS. Case No.-216 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== MD. NAUSHAD Son of Late Abdul Haquim Resident of Mohalla- Bagh Mulla Khan, Mangal Talab, Police Station- Chowk, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Director General of Police, Bihar, Patna. Bihar 3.

The Inspector General of Police, Patna Range, Patna, Bihar. 4.

The Senior Superintendent of Police, Patna, Bihar Bihar 5.

The Superintendent of Police, East Patna, Bihar 6.

The Sub Divisional Police Officer, Patna City, Patna. Bihar 7.

The Station House Incharge, Chowk Police Station, Patna. Bihar 8.

The Investigating Officer Chowk P.S. Case No. 216/2019 Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Advocate For the Respondent/s :

Mr. Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2023 This application has been filed for quashing of the F.I.R. vide Chowk P.S. Case No. 216 of 2019 registered for the offences under Section 188 of the Indian Penal Code and under Section 15 of the Environment Protection Act, 1986. It has been submitted by learned counsel for the petitioner that in the present case a complaint has to be filed instead of F.I.R.

It is desirable that the petitioner will approach the Senior Superintendent of Police, Patna along with a copy of the

Patna High Court CR. WJC No.1208 of 2019(3) dt.11-04-2023 2/2 representation to the effect that in the present case F.I.R. is not maintainable. If such a representation is filed by the petitioner, the Senior Superintendent of Police, Patna will examine the matter and if he finds some substance in the representation of the petitioner then he will act in accordance with law otherwise the investigation of the case will continue.

With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) pawan/- U T