Patna High CourtCR. WJC/1016/2016dismissed

Ashutosh Kumar Mahto v. The State Of Bihar Through The Director General Of Police, Police Head Quarter, Old Secretariat, Pa

2019-01-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1016 of 2016 Arising Out of PS. Case No.-28 Year-2016 Thana- CHIRAIYA District- East Champaran ====================================================== Ashutosh Kumar Mahto S/o Late Satya Narayan Mahto Resident of VillageSingrahiya, P.S.- Ghora Sahan, District-East Champaran (Motihari) ... ... Petitioner/s

Versus

1. The State of Bihar Through the Director General of Police, Police Head Quarter, Old Secretariat, Patna Bihar

2. The Principal Secretary, Rural Development Department, Government of Bihar, Patna

3. The Collector, East Champaran, Motihari

4. The Superintending of Police, East Champaran, Motihari

5. The Deputy Superintendent of Police, Sadar, East Champaran, Motihari

6. The Sub Divisional Officer, Sikarahana (Dhaka), Dist.-East Champaran (Motihari)

7. The Officer-in-Charge, Chiraiya Police Station, P.S.- Chiraiya, Dist. -East Champaran (Motihari)

8. The Block Development Officer Chiraiya, P.S.-Chiraiya, P.S.- Chiraiya, Dist. -East Champaran (Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Deo Singh, Advocate Mr. Uday Pratap Singh, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. This application is under Articles 226 and 227 of the Constitution of India has been filed for quashing of the first information report of Chiraiya (East Champaran) P.S. Case No. 28 of 2016, registered under Sections 409 and 420 of the Indian Penal Code.

3. Having perused the first information report as

Patna High Court Cr. WJC No.1016 of 2016(3) dt.07-01-2019 2/2 contained in Annexure-3 of the writ petition, I find that the allegations made therein do attract ingredients of congnizable offence inter alia under Section 409 of the Indian Penal Code.

4. In that view of the matter, I see no merit in this application. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) Sanjeet/- U T