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Patna High CourtCR. MISC./33955/2013dismissed

Ranjit Kumar Barnwal @ Ranjit Barnwal v. The State Of Bihar

2016-03-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33955 of 2013 Arising Out of PS.Case No. -8 Year- 2006 Thana -JHAJHA District- JAMUI ======================================================

1. Ranjit Kumar Barnwal @ Ranjit Barnwal S/O Kedar Barnwal Resident Of Village- Pipradih, P.S- Jhajha, District- Bihar .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Mishra For the Opposite Party/s : Mr. Dr.Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned Counsel for the petitioner and the learned Additional Public Prosecutor for the State. This application has been filed for quashing of the First Information Report of Jhajha Police Station Case No. 08 of 2006, registered under Sections 379, 411, 468, 471, 120B of the Indian Penal Code and Section 33 of the Forest Act Act.

From Annexure-4, it transpires that the petitioner had earlier approached this Court for the same relief by filing an application under Section 482 of the Code of Criminal Procedure vide Criminal Misc. No. 10587 of 2012, which was disposed of on 18.07.2012, with a direction to the Investigating Officer to file a closure report

Patna High Court Cr.Misc. No.33955 of 2013 (3) dt.15-03-2016 2/2 within a period of next three months of the date of receipt the order.

Learned Counsel for the petitioner submits that the said order, till date, has not been implemented. In my opinion, that cannot be a ground for quashing of the First Information Report. If the petitioner has a grievance that the order of this Court has not been implemented, it is open to him to take recourse to appropriate provisions of the Contempt of Courts Act. This application is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √