Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.419 of 2023 Arising Out of PS. Case No.-404 Year-2018 Thana- PATRAKARNAGAR District- Patna ====================================================== SANTOSH KUMAR Son of Mr Jamuna Prasad Permanent Resident of Village- Parasdiha, P.O.-Parasdiha, P.S.- Nagarnausa, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Kumari Wife of Sri Gore Lal Paswan Resident of Road No.-3, Kali Mandir Road, Sanjay Gandhi Nagar Hanuman Nagar, P.S.- Patrakarnagar, Patna-800020 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shola Sandhwar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2023 Heard learned counsel for the parties.

2. This application is filed for quashing of the F.I.R. vide Patrakarnagar Police Case No. 404/2018 registered for the offence under Sections 420, 406, 504, 506 of the Indian Penal Code and Sections 3(2) (Va) & ST Act and Section 138 of the Negotiable Instruction Act.

3. The only ground for quashing of the F.I.R. which has been raised by learned counsel for the petitioner is that no F.I.R. is maintainable for prosecuting a person under Section 138 of the Negotiable Instrument Act and he further submits that on going trial is illegal. At this stage, it cannot be considered by this Court.

Patna High Court CR. MISC. No.419 of 2023(2) dt.31-07-2023 2/2

4. This application is disposed of with an observation that at the time of final hearing in the trial the petitioner has liberty to raise all the grounds and if such argument is advanced the trial court is duty bound to consider the same in its final judgment.

(Sandeep Kumar, J) Ranjeet/- U T