Disposed

Sri Kanteshwar Maitry @ Lalanji v. the State of Bihar and Anr.

Patna HC13 Sept 2012CR. MISC./44323/2010

Case brief

AI extract

What is this about?

The Patna High Court, invoking inherent powers under Section 482 CrPC, declined to quash a 2003 FIR alleging misappropriation of government funds. Instead, cognizance was invited from the report by the Superintendent of Police, which noted investigation was pending. The Court deprecated the lethargic progress and directed the investigating agency to complete the investigation within three months.

What did the court decide?

Direction to complete investigation within three months.

Sri Kanteshwar Maitry @ Lalanji Vs the State of Bihar and Anr. — Quashing and FIR | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44323 of 2010

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====================================================== Sri Kanteshwar Maitry @ Lalanji, son of Chandradeep Rai, resident of Village- Mohanpur, P.O. Salathua, P.S. Kudra, District-Kaimur

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.... .... Petitioner/s Versus

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The State Of Bihar

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Sri Prem Kumar Jha, Deputy Collector Incharge District Development Branch, Kaimur ( Bhabhua)

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.... .... Opposite Party/s

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER -----------------------------

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3 13-09-2012 Heard Sri Abhay Kumar Singh, learned counsel for the petitioner and Sri Shyam Kumar Singh, learned Addl. Public Prosecutor.

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The sole petitioner, while invoking inherent

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jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an F.I.R. , which was lodged long back in the year 2003 vide Bhabhua P.S. Case No.225 of 2003 registered under Sections 406,409,465,466,468,471, 120(B) /34 of the Indian Penal Code.

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It was submitted by learned counsel for the petitioner that though in the present petition, the petitioner had prayed for quashing of F.I.R., he may be allowed to confine his prayer for directing the Investigating Agency to conclude the investigation without any delay keeping in view the fact that F.I.R. was lodged long back in the year 2003.

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Patna High Court Cr.Misc. No.44323 of 2010 (3) dt.13-09-2012

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In this case , by order dated 15.05.2012 a report was called from the Superintendent of Police, Bhabhua regarding stage of investigation of the said case and a report has been received , which is kept at Flag-X. The Superintendent of Police, Bhabhua in its report has virtually given memo of evidence against the petitioner.

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Fact remains that as per report of the Superintendent of Police, contained in Memo No.1702 dated 23.06.2012, investigation is still pending. It is really unfortunate on the part of the Investigating Officer that despite the fact that F.I.R. was lodged on the allegation of misappropriating the government fund in the year 2003, the Investigating Agency has proceeded in a lethargic manner. It must be deprecated. The Superintendent of Police, Kaimur at Bhabhua is directed to ensure completion of investigation within a period of three months from the date of receipt/production of a copy of this order. It is made clear that if the Superintendent of Police considers some difficulty beyond the control of the Investigating Agency in concluding the investigation within the aforesaid time, then in that event, the Superintendent of Police would be at liberty to file a petition before this Court for extension of some time before expiry of three months time.

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Patna High Court Cr.Misc. No.44323 of 2010 (3) dt.13-09-2012

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With above observation, the present petition stands

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disposed of.

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Let a copy of this order be sent to the Superintendent

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of Police, Bhabhua forthwith

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(Rakesh Kumar, J)

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NKS/-

Sri Kanteshwar Maitry @ Lalanji v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Sri Kanteshwar Maitry @ Lalanji v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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