Md. Iliyas And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51810 of 2013 Arising Out of PS.Case No. -300 Year- 2011 Thana -BUXAR District- BUXAR ===========================================================
1. Md. Iliyas, son of Abdul Sakur.
2. Sarwar Alam @ Golden, son of Md. Iliyas.
3. Md. Firoj Alam, son of Md. Iliyas.
4. Guddi Parveen @ Guddi, daughter of Md. Iliyas.
5. Rumee Khatoon @ Rumee, daughter of Md. Iliyas.
6. Raseeda Bano @ Raseedo Khatoon, wife of Md. Iliyas. Resident of Village- Gajardharganj, Buxar, P.S- Buxar (T), District- Buxar. .... .... Petitioners.
Versus
1. The State of Bihar.
2. Shamim Ahmad, son of Late Nazuruddin, resident of Village- Piplawa, P.SNaubatpur, District- Patna. .... .... Opposite Parties.
=========================================================== Appearance :
For the Petitioners : Mr.
For the State : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 30-06-2017 ------------ Heard.
2. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners to quash the F.I.R. of Buxar (Town) P.S. Case No.300 of 2011 registered on 09.11.2011 under Sections 304B/34 of the Indian Penal code against the petitioners.
3. Learned counsel appearing on behalf of the petitioners submits that the petitioner nos.1 and 6 are parents-in-law, petitioner nos.2 and 3 are brothers-in-law and petitioner nos.4 and 5 are
Patna High Court Cr.Misc. No.51810 of 2013 dt.30-06-2017 2/2 unmarried sisters-in-law of the deceased and they have falsely been implicated in this case. Further submission is that after submitting the chargesheet against the petitioners by the police, the case was committed to the court of sessions numbered as Sessions Trial No.81 of 2014, pending in the court of the Additional Session Judge-VI, Buxar, in which the informant/O.P. No.2 Shamim Ahmad, who has been examined as P.W.2, has not supported the case of the prosecution.
4. Since after lodging of the present case bearing Buxar (Town) P.S. Case No.300 of 2011, the police has already submitted the chargesheet and after taking of the cognizance, the case was committed to the court of sessions and, at present, the trial of the case is going on, I find no reason to quash the F.I.R. of Buxar (Town) P.S. Case No.300 of 2011.
5. Accordingly, this application stands dismissed. (Rajendra Kumar Mishra, J) P.S./- U T