Ram Babu Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9767 of 2016 Arising Out of PS.Case No. -1108 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Ram Babu Choudhary son of late Jageshwar Choudhary .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subodh Prasad, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner and learned APP for the State.
The present application has been filed for quashing of the First Information Report of Hajipur Town P.S. Case No.1108/2014 registered under Sections 406, 409, 467, 468, 420 and 465 of the Indian Penal Code.
It is the settled law that the prosecution of the F.I.R can be quashed only if the accusation does not constitute prima facie case or the prosecution is barred under certain law. Moreover the case was registered on 22.12.2014 but there is nothing on record to suggest the present stage of the case. Hence, this Court is not inclined to interfere into the matter at present. Accordingly the application is disposed of with liberty to the petitioner to raise all the contentions after submission
Patna High Court Cr.Misc. No.9767 of 2016 (2) dt.01-07-2016 2/2 of final report under section 173(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T