Patna High CourtCR. MISC./73786/2023disposed

Mukesh Kumar v. The State Of Bihar

2024-09-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73786 of 2023 Arising Out of PS. Case No.-630 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== 1.

Mukesh Kumar Son Of Surendra Kumar R/O Naubatpur, P.S.- Naubatpur, District- Patna 2.

Surendra Kumar Son Of Late Shyamdeo Singh R/O Naubatpur, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Saurabh Kumar For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-09-2024 This is an application for quashing of the Naubatpur P.S. Case No. 630 of 2023 registered for the offences punishable under Section 30(a), 32 and 38 of the Bihar Prohibition and Excise Act.

2. Heard the learned senior counsel for the petitioner; Shri Ramakant Sharma and the learned APP for the State.

3. The sole ground for quashing of F.I.R. is that it is a mala-fide prosecution by the local police as the petitioner has dispute with the local police from before.

4. This court will not examine mala fide prosecution at this stage.

5. This application is disposed of with liberty to the

Patna High Court CR. MISC. No.73786 of 2023(2) dt.05-09-2024 2/2 petitioner to file a representation before the Senior Superintendent of Police, Patna as the allegations are personal against one Khushbu Khatoon, Sub-Inspector of Police of Naubatpur Police Station of falsely implicating the petitioners who were not arrested on the spot.

6. If any such representation is filed before the Senior Superintendent of Police, Patna, the same shall be got inquired by the Senior Superintendent of Police, Patna through a responsible officer i.e. Superintendent of Police, West and thereafter appropriate order shall be passed by the Senior Superintendent of Police, Patna.

7. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U T