Bhabesh Majumdar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51133 of 2015 Arising Out of PS. Case No.-338 Year-2015 Thana- MADHEPURA District- Madhepura ============================================== BHABESH MAJUMDAR S/o Late Radhika Mohan Majumdar, resident of 41, Ballygunge Circular Road, P.S. Ballygunge, District- Kolkata. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Sourendra Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, App ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

This is an application seeking quashing of the F.I.R. of Madhepura P.S. Case No. 383/15 instituted for the offence under Sections 406 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that from the reading of the First Information Report itself it would appear that no case under any one of the sections can at all be said to have been made out against the petitioner. However, learned counsel for the petitioner had sought information from the Court below about the stage of

Patna High Court CR. MISC. No.51133 of 2015(3) dt.04-11-2020 2/2 the case and he was informed that the final report false has been submitted in this case but the same has not yet been accepted by the Court.

Let the Court below pass appropriate orders in accordance with law taking into account all relevant facts. If at all the petitioner would not be satisfied with the order of the Court below, he would be at liberty to approach before an appropriate forum.

That final report false has been submitted has restrained this Court from exercising its jurisdiction under Section 482 of the Code of Criminal Procedure for the present.

The petition stands disposed of with the aforesaid observation.

(Ashutosh Kumar, J) sunilkumar/- U T