Harihar Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13435 of 2016 Arising Out of PS.Case No. -129 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Harihar Prasad S/o Late Dham Prasad Resident of Village - Kare, P.O. & P.S.- Sheikhpura, the then Accountant, SBI, Sheikhpura Branch, District - Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vinod Kumar Ram S/o - Late Charitar Ram Resident of Village - Bhadeli, P.O. - Jianbigha, P.S.- Sheikhpura, District - Sheikhpura, At present posted as peon at Civil Court, Sheikhpura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Kumar Tiwary For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 The present application has been filed for quashing of the First Information Report of Sheikhpura P.S. Case No. 129 of 2014 registered under Sections 420, 406, 409, 504, 506/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Sheikhpura. It is the settled law that F.I.R can be quashed if the accusation does not constitute prima facie a cognizable case or the prosecution is barred under certain law. Hence, this Court is not inclined to interfere. Moreover the case was registered on 17.04.2014 but there is nothing on record to suggest the present stage of the case.

Patna High Court Cr.Misc. No.13435 of 2016 (2) dt.24-06-2016 2/2 Accordingly the application is disposed of with liberty to the petitioner to raise all the contentions at the appropriate stage.

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