Patna High CourtCR. MISC./32050/2014dismissed

Ashraf Ali v. The State Of Bihar

2017-07-05Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32050 of 2014 Arising Out of PS.Case No. -463 Year- 2011 Thana -KANKARBAGH District- PATNA =========================================================== Ashraf Ali S/o Md. Aslam R/o village - Parsouni, P.S. Naya Gaon, District - Gopalganj .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party =========================================================== Appearance :

For the Petitioner : Mr. Radha Mohan Pathak, Advocate For the State : Mr. R.P.S. Singh, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 05-07-2017 The petitioner has challenged the order dated 9.5.2014 passed by Judicial Magistrate 1st Class, Patna in connection with Kankarbagh P.S. Case No.463 of 2011 whereby the petition filed by the petitioner under Section 239 of Cr.P.C. to discharge from this case was rejected.

2. Learned counsel appearing on behalf of the petitioner submits that the document seized from the possession of the petitioner is documents in his name and no evidence was collected during investigation showing his involvement in the case.

3. Learned A.P.P. submits that there is allegation in the F.I.R. that this petitioner is a member of gang involved in Hawala transaction and several forged documents were found from his

Patna High Court Cr.Misc. No.32050 of 2014 dt.05-07-2017 2/2 possession., there is also recovery of several driving licenses in the name of several persons using photograph of one person, those licenses were recovered by the police from a room wherefrom four of the accused persons including the petitioner was apprehended.

4. Having considered rival submissions and on perusal of record, the charge levelled against the petitioner on the basis of evidence collected during investigation raising strong suspicion against the petitioner too; so the accusations are not groundless, therefore, the prayer for discharge of the petitioner is rejected.

5. This quashing petition stands dismissed.

(Arun Kumar, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 14-07-2017 Transmission Date 14-07-2017