Manoj Ranjan Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44162 of 2014 Arising Out of PS.Case No. -132 Year- 2014 Thana -RIGA District- SITAMARHI ===========================================================

1. Manoj Ranjan Singh, Son of Late Rukmini Raman Singh

2. Kanjan Jha Ranjan @ Bablu, Son of Late Rajni Ranjan Singh Both are resident of village P.O. & P.S.-Riga, District-Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Padma Chaudhary, wife of late Raghvendra Narayan Chaudhary, r/o villageParora, P.S.-Krityanand Nagar, District-Purnea, presently C/o-Santosh Kumar, Birendra H.P., Near Vidya Vihar School, P.O.-Parora, P.S.-Krityanand Nagar, District-Purnea.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No. 1, Advocate. For the Opposite Party/s : Mr. Sangita Sharma, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 26-06-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the First Information Report of Riga P.S. Case No. 132 of 2014 (G.R. No. 2425 of 2014) registered for the offences under Sections 120(B), 419, 420, 467, 468 and 471 of the Indian Penal Code.

2.

Report was called for from the court below which has been received. From the report it appears that final form has not been submitted by the police.

3.

Heard learned counsel for the petitioners and learned counsel for the State.

4.

Learned counsel for the petitioners has submitted that

Patna High Court Cr.Misc. No.44162 of 2014 dt.26-06-2018 2/2 it is a case of purely civil dispute. It has further been submitted that in the entire written report, there is no specific allegation of overt act against the petitioner.

5.

This Court after looking into the First Information Report finds that there is allegation that some land of the share of the informant was sold illegally without knowledge of the informant after pasting the photograph of some other vendee. Therefore, this Court is of the view that correctness of such allegation can only be made after proper investigation of the case by the police.

6.

This application is accordingly disposed off with direction to the Superintendent of Police concerned that investigation of the case be completed within a period of three months from the date of receipt of this order and submit report in terms of provision of Section 173 Cr. P.C. after completing investigation in accordance with law. 7.

The District and Sessions Judge, Sitamarhi, will communicate the order to Superintendent of Police, Sitamarhi, for compliance of direction of this Court.

(Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A Uploading Date 06/07/2018 Transmission Date 06/07/2018