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Patna High CourtCR. WJC/843/2015dismissed

Hira Sah v. The State Of Bihar Through The District Magistrate Kaimur At Bhabhua And ANR

2016-02-15Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.843 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- BHABHUA (KAIMUR) =========================================================== Hira Sah son of Ramdhani Sah, resident of village- Dumari, P.S.- Kudra, DistrictKaimur at Bhabhua .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate Kaimur at Bhabhua

2. The District Manager, Bihar State Food Corporation, District- Kaimur at Bhabhua .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.Sumeet Kumar Singh, Advocate For the Respondent/s : Mr. P.N.Shahi, AAG-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 15-02-2016 By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report (for short "FIR") of Kudra P.S. Case No.0065 of 2015 dated 1.4.2015 registered under sections 409 and 420 of the Indian Penal Code.

2. I have perused the allegations made in the FIR as contained in annexure-1 to the present application. They do attract the ingredients of the offences alleged.

3. It would be pertinent to note here that on the basis of identical allegations several FIRs were instituted in different police stations of Bihar. The accused persons involved in those cases filed

Patna High Court Cr. WJC No.843 of 2015 dt.15-02-2016 2/2 their applications under section 482 of the Cr.P.C or under Articles 226 and 227 of the Constitution of India seeking quashing of FIR on identical grounds as taken in the present application. By a reasoned order dated 5.10.2015 passed in Cr.W.J.C. No.931 of 2015 and analogous cases, this Court has already rejected those writ petitions.

4. For the reasons recorded in detail in the aforesaid Cr.W.J.C. No.931 of 2015 and analogous cases, the present application is dismissed.

(Ashwani Kumar Singh, J) Md.S./- U T