Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73765 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Ritesh Kumar Son Of Chandrahas Singh Resident Of Village - Sahebachak, P.S.- Mirganj, District - Gopalganj, Pin Code- 841436 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Deputy Inspector General of Police at Division saran, District - Saran (Chapra) Bihar, Pin Code Bihar 3.

The Superintendent of Police at District - Gopalganj (Bihar) Pin Code841428. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-08-2024 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is an application for quashing of the F.I.R. bearing Mirganj P.S. Case No. 38 of 2023 registered for the offences under Section 394.

3. From the reading of the F.I.R., allegations levelled against the petitioner are made out.

4. The defence of the petitioner cannot be considered for quashing of the F.I.R. The F.I.R. cannot be quashed in view of the law laid down by the Hon'ble Supreme Court in the case of State of Bihar V/s P.P. Sharma reported in 1992 Supp (1)

Patna High Court CR. MISC. No.73765 of 2023(2) dt.13-08-2024 2/2 SCC 222.

5. Accordingly, this application is dismissed.

6. The petitioner is given liberty to raise all the grounds at an appropriate Stage.

(Sandeep Kumar, J) Shishir/- U T