Abhay Shekhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73832 of 2023 Arising Out of PS. Case No.-37 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ABHAY SHEKHAR SINGH SON OF CHANDRA SHEKHAR SINGH RESIDENT OF VILLAGE - DIGHI KALA, P.S. - HAJIPUR SADAR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

SURAJ KUMAR SON OF BAIJ NATH PRASAD RESIDENT OF MOHALLA - KADAMKUAN CHURI MARKET, P.S. - KADAMKUAN, DISTRICT - PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-07-2024 Heard the parties.

2. The contention of the learned counsel for the petitioner is that no FIR is maintainable under Section 138 of the N.I. Act.

3. There is no dispute with regard to the same.

4. Even if, the FIR has been registered under Section 138 of the N.I. Act and the police may not be required to file charge-sheet under N.I. Act considering the fact that for an offence under N.I. Act only complaint is maintainable.

5. So far as the offence under other Sections i.e. Section 420, 406/34 are concerned, the FIR cannot be quashed

Patna High Court CR. MISC. No.73832 of 2023(3) dt.02-07-2024 2/2 at this stage because the allegations levelled in the FIR make out a case and the same needs proper investigation.

6. Accordingly, this application is dismissed.

7. The interim protection granted to the petitioner vide order dated 8.1.2024 is hereby vacated.

(Sandeep Kumar, J) Vikas/- U T