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Patna High CourtCR. MISC./40553/2014dismissed

Anju Devi @ Anju Rani v. State Of Bihar And ANR

2017-08-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40553 of 2014 Arising Out of PS.Case No. -36 Year- 2014 Thana -MAHILA P.S. District- ARRARIA ====================================================== Anju Devi @ Anju Rani Wife of Prakash Chandra Rajak @ Prakash Rajak resident of village- Rahikpur, Police Station- Jokihat, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sushila Devi Wife of Sita Ram Rajak resident of mohalla- Omnagar Ward No.-8, Post Office+Police Station + District- Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-08-2017 Despite repeated calls, no one appears on behalf of the petitioner.

The instant application has been filed for quashing the entire criminal proceeding initiated on the basis of first information report of Mahila P.S. Case No. 36 of 2014 dated 29.06.2014.

From perusal of FIR one cannot accept the contention that no case is made out from the tenor of complaint. The law is well settled that in matter involving cognizable offence, the police has statutory duty to investigate the case and as such this court does not find any merit in the case of the petitioner, warranting interference at the stage of investigation.

Patna High Court Cr.Misc. No.40553 of 2014 (3) dt.28-08-2017 2/2 Since FIR was lodged on 29.6.2014, this court has reason to believe that investigation must have come to an end either in submission of final form or charge-sheet. This court does not find any justification to make any interference into the matter. The application stands disposed of.

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