Patna High CourtCR. WJC/32/2015dismissed

Vishwajit Kumar Singh @ Tuntun Singh v. The State Of Bihar Through Director General Of Police, Govt. Of Bihar And ORS.

2015-09-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.32 of 2015 ====================================================== Vishwajit Kumar Singh @ Tuntun Singh son of Late Sakaldeo Singh, resident of village- Godai Phulkahan, P.S- Kanti, District - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar through Director General of Police, Govt. of Bihar, Patna

2. The Superintendent of Police, Muzaffarpur District - Muzaffarpur.

3. Smt. Basanti Devi wife of Shri Sudhir Mahto, resident of village- Godai Phulkahan, P.S- Kanti, District - Muzaffarpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv. For the Respondent/s : Mr. D.P.Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-09-2015 In the instant writ application filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report of Kanti P. S. Case No. 213 of 2012 registered under Sections 467, 468, 471, 420, 120 B of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the allegations made in the FIR are not true. In support of his submission, he relies on certain documents, which have been annexed to this application.

In my view, the defence of an accused has to be tested by the Investigating Agency during investigation and not by this

Patna High Court Cr. WJC No.32 of 2015 (3) dt.09-09-2015 2/2 Court at this stage. The only duty of this Court is to see as to whether the admitted facts do attract the ingredients of a cognizable offence or not.

I have perused the FIR. The allegations made in the FIR do attract the ingredients of the offences alleged. In that view of the matter, I find no merit in this application.

Accordingly, the writ application is dismissed. (Ashwani Kumar Singh, J.) Kanchan/- U T