Anita Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18914 of 2015 Arising Out of PS. Case No.-14 Year-2015 Thana- GOVINDPUR District- Nawada ============================================== 1.

Anita Kumari, Wife of Bharat Bhushan 2.

Smt. Sushila Devi, Wife of Late Parmeshwar Singh 3.

Suraj Prasad Sah Son of Late Kishun Sah All resident of village - Govindpur, P.S. Govindpur, District - Nawada ... ... Petitioners

Versus

1.

The State Of Bihar 2.

Naresh Prasad S/o Late Kali Saw, Resident of Village-Sonar Patti Road, Nawada, P.S.-Nagar Nawada, District-Nawada.

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

For the Petitioners :

Mr. Krishna Kant Singh, Advocate For the State :

APP For the Opp. Party No.2 :

Mr. Vishwajeet Mishra, Advocate ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-11-2019 Heard Mr. Krishna Kant Singh, learned Advocate for the petitioners and Mr. Vishwajeet Mishra, learned Advocate for the opposite party no. 2.

The petitioners have approached this Court for quashing of the subject FIR namely, Govindpur P.S. Case No. 14 of 2015.

It appears that way back in the year 2015, an order was passed by this Court directing for investigation of

Patna High Court CR. MISC. No.18914 of 2015 dt.22-11-2019 2/3 the case but with the caveat that the petitioner shall not be arrested.

Learned Advocate of the petitioners submits that the investigation of the case has not yet been completed. Apart from this, it has been urged that from a reading of the FIR itself it would appear that no offence can at all be said to have been made out as it is a service dispute and opposite party no. 2 has chosen to convert it into a criminal case. It has also been submitted that the petitioners are alleged to have obtained an order of this Court by duping and making false statements. If this were so, it has been urged, a complaint could have been lodged at the instance of the High Court under Section 340 of the Code of Criminal Procedure. In any view of the matter, since no interference was made with the investigation of the case in the year 2015, this Court thinks it to be appropriate to direct for concluding the investigation as early as possible and preferably within a period six months. If investigation remains pending beyond the aforesaid stipulated period, it will be open to the petitioners to approach this Court again.

Patna High Court CR. MISC. No.18914 of 2015 dt.22-11-2019 3/3 The petition stands disposed of.

Till conclusion of the investigation of the case, the interim order dated 04.05.2015 shall continue. (Ashutosh Kumar, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.11.2019 Transmission Date 26.11.2019