Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No. 1366 of 2019 Arising Out of PS Case No.-79 Year-2019 Thana- NAWANAGAR District- Buxar ====================================================== Vikash Kumar, aged about 17 years (Male), Son of Vijay Kumar Singh @ Bijay Kumar Singh, Resident of Village- Ikil, P.S.- Nawanagar, (Sonbarsa OP), District- Buxar, through under the Legal and Natural Guardianship of his father Vijay Kumar Singh @ Bijay Kumar Singh (Male), aged about 50 years, Son of Late Suba Singh, Resident of Village- Ikil, P.S.- Nawanagar (Sonbarsa OP), District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-06-2020 The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

2. Heard Mr. Rama Kant Singh, learned counsel for the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Navanagar (Sonversa) P S Case No. 79 of 2019 dated 12.03.2019 instituted under Sections 394 of the Indian Penal Code and 27 of the Arms Act.

4. At the very outset, learned APP pointed out that patently false statement has been made in the application inasmuch as in paragraph no. 3, it has been stated that there is no

Patna High Court CR. REV. No.1366 of 2019 dt.29-06-2020 2/3 criminal antecedent of the petitioner whereas, from the order of the Court below itself, it is clear that he was involved in another criminal case.

5. Learned counsel for the petitioner submitted that in paragraph no. 7, he has stated that he has been falsely implicated in the other case. However, on a query of the Court as to why such wrong statement has been made when rightly or wrongly, there was another case against the petitioner and which was also indicated in the order of the Court below itself, learned counsel had no answer to the same.

6. The Court has been coming across matters time and again where patently false statements are being made before the Court on oath, especially with regard to the antecedent of the petitioner concerned. This is also one such case.

7. The Court need not overemphasize the fact that purity of judicial proceedings has to be maintained no matter what steps are required to be taken and how unpleasant they may be.

8. Accordingly, the Court proposed to take strict judicial note of such misrepresentation on oath.

9. At this juncture, learned counsel for the petitioner submitted that he be allowed to withdraw the application.

Patna High Court CR. REV. No.1366 of 2019 dt.29-06-2020 3/3

10. Having regard to the aforesaid, by way of indulgence, the Court refrains from passing strict orders.

11. Accordingly, as prayed for by learned counsel for the petitioner, the application stands dismissed as withdrawn. (Ahsanuddin Amanullah, J.) P. Kumar/Anand Kr.

AFR/NAFR U T