Md. Irfan Khan @ Irfan Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59854 of 2024 Arising Out of PS. Case No.-178 Year-2020 Thana- SARAI District- Vaishali ====================================================== Md. Irfan Khan @ Irfan Khan S/o Late Anamul Haq Khan Resident of Village-Maricha Ram, PS- Sarai, District-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Apurv Harsh, Advocate Mr. Navjot Yeshu, Advocate Mr. Manu Tripurari, Advocate Mr. Raghu Raj Pratap, Advocate Mr. Hritik Anand, Advocate For the State :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-09-2024 Heard the parties.
2. The petitioner has prayed for quashing of Sarai P.S. Case No. 178 of 2020 dated 05.08.2020 passed by the Additional Chief Judicial Magistrate-16, Vaishali at Hajipur for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code.
3. As per the prosecution case, on 04.08.2020 the informant, Wasim Alam was returning to his home from Pachauli Tent House on a motorcycle and his brother namely,
Patna High Court CR. MISC. No.59854 of 2024(2) dt.02-09-2024 2/3 Nasir Alam along with a co-villager Jawed Khan were coming on another motorcycle. It is alleged that at around 07:45 PM upon reaching the doorstep of one Rizwan Khan, several persons along with the instant petitioner who are named in the FIR stopped the motorcycle of the brother of the informant and surrounded them with weapons and Md. Mustafa Ansari instructed to finish them off. Thereupon, it is further alleged that Md. Rizwan Khan assaulted with an arc upon the brother of the informant and Md. Samin and Md. Wasim assaulted the brother of the informant and Jawed Khan with sword and knife. Yasin Praveen brought the gupti from her house and handed it to Sabir Ansari to kill both of them upon which Sabir assaulted Nasir and Jawed. Thereafter, it is alleged that Baduruddin Ansari and Irfan Khan chopped and attacked with gupti and arc. It is lastly alleged that Jawed Khan died on the spot while Nasir Alam died on way to the hospital.
4. The petitioner wants his defence to be considered by this Court which has been brought by way of an affidavit for quashing the FIR but the same cannot be considered by this Court in view of the law laid down by the Hon'ble Supreme Court in the case of State of Bihar vs. P.P. Sharma reported in 1992 Supp (1) SCC 222.
Patna High Court CR. MISC. No.59854 of 2024(2) dt.02-09-2024 3/3
5. In view of the above, this application stands dismissed.
(Sandeep Kumar, J) P. Kumar U T