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Patna High CourtCR. MISC./38591/2015disposed

Kangress Yadav And ORS v. The State Of Bihar

2018-04-27Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38591 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ===========================================================

1. Kangress Yadav, son of late Bino Yadav,

2. Sanjay Yadav @ Sanjay Kr. Yadav, son of late Bino Yadav.

3. Ranjeet Yadav @ Ranjeet Kr. Yadav, son of late Bino Yadav, all resident of village - Keshaway, P.S.- Barauni,

4. Mantun Yadav, son of Sahdeo Yadav,

5. Chamak Lal Yadav, son of Sahdeo Yadav,

6. Adhik Lal Yadav, son of Sahdeo Yadav,

7. Matlu Yadav, son of Dhobi Yadav, all resident of village - Shushil Nagar, P.S.- Mufassil, District - Begusarai.

8. Gun-Gun Yadav, son of Baleshwar Yadav, resident of Village - Sushil Nagar, P.S.- Muffasil (Sindhaul), District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kumar Ranjit Ranjan, Advocate For the Opposite Party/s : Mr. APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 27-04-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the First Information Report of Muffassil P.S. Case No.100 of 2014 dated 20.03.2014 instituted under section(s) 147, 148, 149, 447, 341, 323, 337, 338, 307, 504 and 506 Indian Penal Code. A report was called for from the Court below about the present stage of the case, which has been received. From the report of the Court below, it appears that the case is still pending for

Patna High Court Cr.Misc. No.38591 of 2015 dt.27-04-2018 2/3 investigation.

Counsel for the Petitioners has submitted that the two other cases have also been filed against the Petitioners with respect to the same occurrence and both cases are also pending in the Court below.

Learned counsel for the Petitioners has also submitted that one Complaint Case has also been filed against the petitioners by Narendra Kumar Singh @ Gogo Singh vide Complaint Case No.13250 of 2014, which is pending in the Court of the Chief Judicial Magistrate, Begusarai.

The Court below has enclosed entire Xerox copy of the order-sheet with the report from which it appears that the case is still pending for submission of Final Form.

This petition is disposed off with a direction to the Superintendent of Police, Begusarai,/Investigating Officer of Muffassil P.S. Case No.100 of 2014, to complete the investigation in the aforesaid case within three months from the date of receipt of copy of this order and submit the report in terms of provision 173 of the Code of Criminal Procedure.

The Petitioners will file necessary papers before the Superintendent of Police, Begusarai, about the cases pending against them with respect to the same occurrence and the

Patna High Court Cr.Misc. No.38591 of 2015 dt.27-04-2018 3/3 Investigating Officer during investigation of the case will take into consideration all those facts before submitting report in terms of Section 173 Cr. P. C.

This application is, accordingly, disposed off. (Sanjay Priya, J) J.Alam/- Rohit Kr.

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