Anil Kumar Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1047 of 2016 Arising Out of PS. Case No.-170 Year-2016 Thana- CHAPRA TOWN District- Saran ======================================================
1. Anil Kumar Singh, aged abou 51 years Son of Dharmnath Singh
2. Suraj Kumar Singh @ Chhotu Singh, aged about 18 years son of Anil Kumar Singh
3. Kiran Devi, aged about 48 years wife of Anil Singh All of Village- Dahiyawan Tola, Near Dr. Dilip Singh, P.S.- Chapra Town, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Director General of Police, Bihar, Patna.
3. The Inspector General of Police, Patna.
4. The Deputy Inspector General of Police, Saran.
5. The Senior Superintendent of Police, Saran at Chapra.
6. The Deputy Superintendent of Police, Saran at Chapra.
7. The Officer In-charge, Chapra Town Police Station.
8. The Sub Inspector of Police Station-cum-Investigating Officer, Chapra Town Police Station
9. Ramji Singh son of Late Vishwanath Singh Resident of Mohalla- Dhiyawan Tola, Police Station- Chapra Town, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar, Advocate For the Respondent/s :
Mr. Partha Sarthy, GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 04-01-2019 This writ petition has been filed by the petitioners for quashing the First Information Report of Chapra Town P.S. Case No. 170 of 2016 registered under Section 304 read with 34 of the Indian Penal Code.
2. At the outset, it has been brought to the notice of the court by the learned counsel for the State that investigation of the case has already been completed and the petitioners have sent up for trial whereafter on perusal of the materials available on record,
Patna High Court Cr. WJC No.1047 of 2016 dt.04-01-2019 2/2 the jurisdictional Magistrate has already taken cognizance of the offence and committed the case to the court of Sessions for trial and presently the case is pending before the Sessions court.
3. In view of subsequent developments, which took place during pendency of the present writ petition as also in view of the allegations made in the FIR, which do attract ingredients of the offence punishable under Section 304 of the Indian Penal Code, I see no merit in this writ petition. It is dismissed, accordingly.
(Ashwani Kumar Singh, J.) Sanjeet/R.Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2019 Transmission Date 07.01.2019