Dolly Singh @ Alisha Alam v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.937 of 2016 Arising Out of PS. Case No.-136 Year-2015 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Dolly Singh @ Alisha Alam, wife of Shah Alam, resident of VillageBhojpurwa, P.S. Majhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

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

3. The Superintendent of Police, Gopalganj.

4. The Officer-In- Charge of Gopalganj Town, P.S., District- Gopalganj.

5. Sanjay Singh, son of Late Barrister Singh, resident of village- Arar, P.S. and District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad, S.C.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, the prayer of the petitioner is for quashing of the first information report of Gopalganj Town P.S. Case No. 136 of 2015 dated 24.04.2015 registered under Sections 365 and 366 of the Indian Penal Code. On perusal of the first information report, as contained in Annexure-1 to this writ petition, I find that ingredients of a cognizable offence are attracted. In that view of the matter, institution of a first information report or its investigation by the police cannot be

Patna High Court Cr. WJC No.937 of 2016(3) dt.03-01-2019 2/2 held to be bad.

Accordingly, the writ petition is dismissed.

(Ashwani Kumar Singh, J) Md. S/SKSuman.

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