Patna High CourtCR. WJC/102/2019disposed

Bhuneshwar Yadav v. The State Of Bihar Through Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And ORS

2019-01-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.102 of 2019 Arising Out of PS. Case No.-66 Year-2017 Thana- GHOSWARI District- Patna ====================================================== Bhuneshwar Yadav, son of Kishrori Yadav Resident of Village-Gilani, P.S.- Sare,District-Nalanda ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Home, Govt. of Bihar, Patna

2. The Director General of Police, Government of Bihar, Patna

3. The Inspector General of Police, Government of Bihar, Patna

4. The Deputy Inspector of Police, Patna

5. The Senior Superintendent of Police, Patna Bihar

6. The Deputy Superintendent of Police, Barh, Patna.

7. The Inspector of Police, Goshwari, Patna ,Bihar

5. The Investigating Officer, Goshwari Police Station, District - Patna, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Advocate Mr. Ramakant Sharma, Sr.Advocate For the Respondent/s :

Mr.Prabhat Kumar Verma Dr. M.K Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 21-01-2019 At the outset, it has been pointed out by Mr. Ramakant Sharma, Senior Advocate for the petitioner that though the writ petition has been filed for quashing the FIR, the investigation has already been completed and the police have submitted report under Section 173(2) of the Code of Criminal Procedure whereby the petitioner has not been sent up for trial, but differing with the police report the court below has taken cognizance of the offence.

In the light of the submissions made above, he submitted that the writ petition may be disposed of with liberty

Patna High Court Cr. WJC No.102 of 2019 dt.21-01-2019 2/2 to the petitioner to challenge the order taking cognizance. Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) Md. S/SKSuman.

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