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Patna High CourtCR. MISC./40565/2014disposed

Shankar Sah @ Sri Shankar Sah v. State Of Bihar And ANR

2017-09-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40565 of 2014 Arising Out of PS.Case No. -174 Year- 2013 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Shankar Sah @ Sri Shankar Sah Son of Late Harendra Prasad Sah resident of village- Sirsa, P.S.- Katihar Muffasil, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Assistant Engineer Electric Supply Sub-Division, Katihar (Rural), District- Katihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For Electricity : Mrs. Archana Sinha, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner, counsel for the North Bihar Power Distribution Company and the counsel for the State are present.

The instant application has been filed by the petitioner for quashing of the F.I.R. of Katihar Mufassil P.S. Case No. 174 of 2013.

The court has reason to believe that the investigation method must have culminated in submission of either final form or charge-sheet and if final form has submitted then there is no occasion for this court to decide any dispute but if the police has submitted charge-sheet, then the court has reason to believe that

Patna High Court Cr.Misc. No.40565 of 2014 (4) dt.01-09-2017 2/2 the court concerned must have applied its judicious mind and in such a situation, passing any order in the present case is uncalled for.

The application is disposed of with a liberty to the petitioner that if he is aggrieved by any further order, he may file appropriate petition before the appropriate forum, in accordance with law, if so advised.

With the aforesaid liberty, the application stands disposed of.

(Anil Kumar Upadhyay, J) sushma/- U T