Shailendra Kumar @ Baba v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36080 of 2012 ====================================================== Shailendra Kumar @ Baba son of Sri Bhagwan Choudhary resident of village- Jarua Barai Tola Industrial Area, Hazipur, District- Vaishali. .... .... Petitioner

Versus

1. The State of Bihar

2. Smt. Gita Devi wife of Sri Sahdeo Prasad, resident of MohallaGopinath Mandir, Ward No. 17, Post + Police Station - Barh, District - Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Narsingh Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

09-04-2015 Heard Sri Shailendra Kumar Jha, learned counsel for the petitioner and Sri Narsingh Tanti, learned Addl. Public Prosecutor.

The present petition has been filed with a prayer to quash F.I.R. in Barh P.S. Case No. 35 of 2012 registered for the offence under Section 366(A) of the Indian Penal Code. Learned counsel for the petitioner submits that during the pendency of the present petition, police after investigation submitted final report.

Since, the petitioner has not been forwarded as accused nor there is any order of cognizance, at the moment , there is no reason to pass any positive order in the present petition. The petition stands disposed of. However, it is made

Patna High Court Cr.Misc. No.36080 of 2012 (3) dt.09-04-2015 2/2 clear that if subsequently any order is passed by the concerned Magistrate, contrary to the report of the police, the petitioner would be at liberty to avail appropriate remedy. The petition stands disposed of.

(Rakesh Kumar, J.) Anay/- U T