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Patna High CourtCR. MISC./25886/2015disposed

Hi. Speed Carriers Delhi Through Its Propriter, Autar Kishan v. The State Of Bihar And ORS

2020-08-21Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 25886 of 2015 Arising out of PS. Case No. 379 Year-2012 Thana-Mohania District-Bhabhua (Kaimur) =========================================================== Hi. Speed Carriers (Delhi), A Partnership Firm Registered under the Indian Partnership Act, having its Head Office at Bb-502, Kadam Sharif Road, Nabi Karim, P.O.-Nabi Karim, P.S.-Nabi Karim, New Delhi-110055, through its proprietor Autar Kishan, S/o N.N. Khar, Flat No. 601, Town-I, Fresco Apartment, Nirvan Colony, Gurgaon, Haryana.

...........Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner of Commercial Taxes, Bihar, Patna, having its office at Vikas Bhawan, Bailey Road, Patna.

3. The Dy. Commissioner of Commercial Taxes, Integrated Check Post, Karmnasha, Bhabhua (Informant of Mohaniya P.S. ase No. 379/2012.

4. The Superintendent of Police, Kaimur at Bhabhua.

5. The S.H.O., Mohaniya Police Station, Mohaniya, District-Kaimur. ..........Opposite Party/s ========================================================== Appearance:

For the Petitioner/s : Mr. Bhola Prasad, Adv. For the State : Md. Fahimuddin, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03/- 21.08.2020 Heard Mr. Bhola Prasad, learned counsel for the petitioner and Md. Fahimuddin, learned APP for the State.

The present petition has been filed for quashing the First Information Report of Mohaniya P.S. Case No. 379 of 2012, dated 27.11.2012, which has been registered for the offences under Sections 415, 420, 406, 407, 409 and 120 of the Indian Penal Code and Sections 81(2)(b)m 81(3)(c) and 81(4) of the Bihar Value Added Tax Act, 2005.

It appears from the records that on 05.12.2017, a report was called for about the stage of the case from the Court below. The report has been received in this Court, which is kept at Flag-A.

The aforesaid report, dated 15th of December, 2017, indicates that ten accused persons were charge-sheeted in this case, whereas, the investigation was kept pending for other accused persons.

It may be probable that by now, the supplementary investigation would have been completed.

If the supplementary investigation has not been concluded, this Court directs that it ought to be completed within a period of three months from the date of

receipt/production of a copy of this order. The aforesaid direction would be implemented if the case is still pending at the stage of investigation.

With the aforesaid observation, the application stands disposed off.

(Ashutosh Kumar, J.) Praveen-II/- U T