Jyoti Kumar @ Jyoti Prasad v. The State Of Bihar, Through Collector, Siwan

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.108 of 2023 Arising Out of PS. Case No.-94 Year-2010 Thana- SIWAN CITY District- Siwan ====================================================== Jyoti Kumar @ Jyoti Prasad Son Of Late Ramchandra Ram R/O Vill.- Chakdah, P.S.- Madhubani, Distt.- Madhubani ... ... Petitioner

Versus

1.

The State of Bihar, through Collector, Siwan Bihar 2.

Awadhesh Kumar Son of Late Durga Prasad Singh R/o Rajendra Path Siwan, P.S.- Town, Distt.- Siwan ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Respondent/s :

Mr. Md. Nadim Seraj, GP-5 Mr. Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-01-2024 The petitioner has moved this Court for quashing of the First Information Report as well as the entire criminal proceeding in connection with Town P.S. Case No. 94 of 2010 dated 26.05.2010 registered for the offences under Sections 420, 467, 468, 471, 120(B), 406 and 409 of the Indian Penal Code.

2. At this stage, a counter affidavit has been filed on behalf of the investigating agency. In paragraph '15' of the counter affidavit, the following statements have been made:- "15. That the case was again reviewed by the Superintendent of Police, Siwan and he found no evidence in support of allegation and thus directed the Investigation Officer vide Letter No. 7817/Cr. Sec. dated 31.10.2023 to submit final form for insufficient evidence and Final Form No. 443/2023, dated

Patna High Court CR. WJC No.108 of 2023(4) dt.30-01-2024 2/2 31.10.2023 has been submitted by Investigation Officer before the learned Court, Siwan."

3. Mr. Nedam Seraj, learned G.P.-5, submits that the investigation is complete and final form has already been submitted in the learned court, hence nothing survives for adjudication in the present case.

4. In the aforesaid view of the matter, learned counsel for the petitioner does not press this application.

5. This application is disposed of as having become infructuous.

6. The learned jurisdictional Magistrate is expected to pass an appropriate order, if not already passed, on the final form at the earliest as the case is of the year 2010 and after the efforts taken by this Court only the investigation has come to an end.

(Rajeev Ranjan Prasad, J) Rishi/- U