Patna High CourtCR. MISC./11035/2016dismissed

Ganesh Paswan And ORS. v. State Of Bihar And ANR

2016-06-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11035 of 2016 Arising Out of PS.Case No. -550 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Ganesh Paswan Son of Rajkumar Paswan

2. Naresh Paswan, Son of Rajkumar Paswan

3. Arjun Kumar @ Arjun Son of Rajkumar Paswan

4. Bhim Kumar @ Bhim Paswan, Son of Rajkumar Paswan

5. Rajkumar Paswan, son of Late Laldhari Paswan, All Resident of villageSattar, Post & P.S.- Maner, Distt.- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Babita Devi, Wife of Bijay Paswan, Resident of village- Sattar, Post & P.S.- Maner, Distt.- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anshuman For the Opposite Party/s : Mr. Jitendra Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 The present application has been filed for quashing of the First Information Report of Maner P.S. Case No. 550 of 2015 registered under Sections 357, 354, 452, 323, 307, 341, 34 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Danapur, Patna. It is submitted by learned counsel for the petitioners that petitioners are agnates of the informant and on the alleged date of occurrence the petitioners were not present at the place of occurrence. Moreover the accusation is not specific in the complaint petition which was got registered as police case.

In view of this Court, the F.I.R can only be

Patna High Court Cr.Misc. No.11035 of 2016 (2) dt.24-06-2016 2/2 quashed if the accusation does not constitute prima facie cognizable case or the prosecution is barred under any law. Hence, this Court is not inclined to interfere. Moreover the case was registered on 15.12.2015 but there is nothing on record to suggest the present stage of the case.

Accordingly the application stands dismissed. (Dinesh Kumar Singh, J) Shageer/- U T