Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84167 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- PUNPUN District- Patna ====================================================== SHAILESH KUMAR Son of Bharat Ram Resident of Village- Kauriya Tola Natra, Police Station- Bhagwanpur, District - Siwan. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sonu Kumar Son of Ashok Yadav Resident of Village- Sabbalpur, Police Station - Punpun, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2019 This application has been filed for quashing FIR of Punpun P. S. Case No. 164 of 2019 registered under Sections 365 and 366A of the Indian Penal Code.

Case, in short, is minor girl of the informant had gone to purchase clothes and thereafter she was traceless and informant apprehends that the petitioner, who is driver of one Sanjay Kumar, had enticed her away and on that police registered the aforesaid case.

The ground for quashing is that there is delay in lodging FIR and further there was love affair between petitioner and victim girl, who is major, as such allowing such criminal proceeding to continue is an abuse of process of law.

Patna High Court CR. MISC. No.84167 of 2019(2) dt.19-12-2019 2/2 Heard learned APP also.

Having heard both sides and on perusal of the record it appears that there is nothing illegal so as to interfere with the FIR as it is well settled that FIR can only be interferred with when case is not made out as per FIR or allegation is absurd or it is against the provisions of law but in the present case FIR clearly disclosed a case against the petitioner, as such this application being devoid of merit is, accordingly, dismissed. (Vinod Kumar Sinha, J) spal/- U T