Ram Dinesh Singh And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24927 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -HATHAURI District- MUZAFFARPUR ===========================================================
1. Ram Dinesh Singh, S/o Late Yogendra Singh,
2. Dipak Kumar, S/o Ram Dinesh Singh, Both are resident of Village- Berai, P.S. -Hathauri, District- Muzaffarpur. .... .... Petitioners
Versus
1. The State of Bihar.
2. Shiv Shankar Singh, S/o Late Phudan Singh, Resident of Village- Berai, P.S.- Hathauri, District- Muzaffarpur.
.... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Mr. Pradeep Kumar Sinha, Advocate Ms. Punam Srivastava, Advocate For the State : Mr. Jharkhandi Upadhyay, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 28-06-2017 The defect pointed out by the Stamp Reporter is ignored.
Heard Mr. Pradeep Kumar Sinha, learned counsel for the petitioners and learned counsel for the State. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the first information report (for short 'FIR') bearing Hathauri P.S. Case No.55 of 2016
Patna High Court Cr.Misc. No.24927 of 2017 dt.28-06-2017 2 / 2 (G.R. No.2256 of 2016) registered under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submitted that there is a counter version to the case instituted against him. He submitted that the instant FIR has been falsely instituted against the petitioner in view of the ongoing land dispute between the parties in order to black-mail them.
I have perused the FIR, which has been brought on record, as Annexure-1 to the present application. The allegations made therein do attract ingredients of cognizable offence. The plea of the case being false or malicious is to be seen by the police during investigation. It is not the appropriate stage to consider such plea.
Considering the allegations made in the FIR, I find no merit in the present application. It is dismissed, accordingly. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.07.2017 Transmission 01.07.2017 Date