Patna High CourtCR. WJC/1073/2016dismissed

Ramesh Paswan And ANR v. The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna And ORS

2019-01-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1073 of 2016 Arising Out of PS. Case No.-139 Year-2016 Thana- KHAJAULI District- Madhubani ======================================================

1. Ramesh Paswan, Son of Ram Sewak Paswan, Resident of Village+ P.O.- Kashmarar, P.S.- Khajauli, District- Madhubani.

2. Ram Briksha Singh, Son of Parmeshwar Singh, Resident of Village+ P.O.- Kashmarar, P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna

2. The Director General-cum-Inspector General of Police, Bihar.

3. The District Magistrate, Madhubani.

4. The Superintendent of Police, Madhubani.

5. The Officer in Charge, Khajauli Police Station, Madhubani.

6. The Co-operative Extension Officer, Khajauli, Block Khajauli. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Narayan Rai, Advocate For the Respondent/s :

Md. Nadim Seraj, GP-5 Mrs. Shalin, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 07-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

2. This writ petition has been filed by the petitioners for quashing the first information report of Khajauli P.S. Case No. 139 of 2016 dated 20.07.2016 registered under Sections 420, 406 read with Section 34 of the Indian Penal Code.

3. On perusal of the first information report as contained in Annexure-3 to the writ petition, I find that the allegations made therein do attract ingredients of the offence alleged. Since the

Patna High Court Cr. WJC No.1073 of 2016 dt.07-01-2019 2/2 offences are cognizable, neither the institution of the first information report nor its investigation can be held to be bad.

4. In that view of the matter, I see no merit in this writ application. Accordingly, this writ petition is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2019 Transmission Date 09.01.2019