Patna High CourtCR. WJC/1005/2016dismissed

Yadu Nath Dubey And ORS v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

2019-01-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1005 of 2016 Arising Out of PS. Case No.-88 Year-2016 Thana- KOPA District- Saran ======================================================

1. Yadu Nath Dubey, Son of Late Shivji Dubey

2. Ram Pujan Dubey, Son of Late Shivji Dubey

3. Rajesh Dubey @ Rajesh Kumar Dubey Son of Ram Pujan Dubey

4. Jitendra Kumar Dubey @ Lal Babu Dubey, Son of Bhrigunath Dubey

5. Brijesh Kumar Dubey @ Brijesh Dubey, son of Bhrigunath Dubey

6. Hare Ram Yadav, Son of Ram Bilash Yadav, All are resident of Village + P.S. Kopa, district- Saran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna.

2. The Deputy Inspector General of Police, Saran Division, Saran.

3. The Superintendent of Police, Saran.

4. The Officer Incharge of Kopa Police Station, Saran.

5. Sr. S.K. Singh, Assistant sub Inspector- cum- Investigation Officer, Kopa Police Station, Saran.

6. Babita Devi, Wife of Tarkeshwar Mishra, resident of Village+P.S.- Kopa, District- Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyan Prakash, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the FIR of Kopa P.S. Case No. 88 of 2016 registered on 02.07.2016 under Sections 363, 302 and 386 read with 34 of the Indian Penal Code.

At the outset, it is submitted by Mr. Gyan Prakesh, learned counsel for the petitioner that the writ petition has

Patna High Court Cr. WJC No.1005 of 2016(3) dt.04-01-2019 2/2 become infructuous in view of the fact that on completion of investigation, the police have already submitted final report holding the accused persons to be innocent.

In view of the submissions made above, the writ petition is disposed of as infructuous.

(Ashwani Kumar Singh, J) Md. S/SKSuman.