The Patna High Court dismissed a writ petition seeking quashing of prosecution in a case involving cheating and forgery. The Court held that plausible defence is irrelevant at the investigation stage and that the First Information Report allegations must be considered.
The writ petition seeking quashing of prosecution was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CR. WJC No.411 of 2012 (4) dt.17-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.411 of 2012
====================================================== 1. Md. Imran Sabir S/O Md. Safiruddin Resident Of Village- Bageshwari, P.O.- Gairki, P.S.- Jokihat, District- Araria 2. Md. Afroz Alam S/O Late Farid Resident Of Village- Bageshwari, P.O.Gairki, P.S.- Jokihat, District- Araria 3. Md. Mustaque S/O Late Nasir Resident Of Village- Bageshwari, P.O.Gairki, P.S.- Jokihat, District- Araria 4. Md. Shakib S/O Late Ishaque Resident Of Village- Bageshwari, P.O.Gairki, P.S.- Jokihat, District- Araria 5. Md. Gufran Sabir S/O Md. Safiruddin Resident Of Village- Bageshwari, P.O.- Gairki, P.S.- Jokihat, District- Araria
.... .... Petitioner/s
Versus 1. The State Of Bihar
.... .... Respondent/s
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
4 17-07-2012 Heard learned counsel for petitioners and learned counsel appearing on behalf of the State. The petitioners are named accused in Jokihat P.S. Case No.99 of 2012 dated 18.3.2012 registered under sections 467, 468, 471, 406, 409, 420 and 120B of the Indian Penal Code. The present application has been filed on behalf of the petitioners in which prayer has been made for quashing of their prosecution in the aforesaid case.
Patna High Court CR. WJC No.411 of 2012 (4) dt.17-07-2012
It is stated that the petitioner no.1 is a sitting Mukhiya of Gram Panchayat, Gairki Masuriya. The informant of the case is hostile to him. He has instituted a false case in order to tarnish the image of the Mukhiya and other accused persons. Learned counsel for petitioners further submits that the first information report has maliciously been instituted.
Admittedly, the case is at the stage of investigation. The first information report discloses commission of a cognizance offence. In my view the plausible defence of the accused is not to be seen at this stage. It is the allegation appearing in the first information report which is to be seen by the court. The credibility or otherwise of the defence version can either be tested by the investigating agency during investigation or can be adjudicated at the time of trial.
The writ petition, being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J)
Md.S./-
2 issues framed by the court
Whether the prosecution of accused persons named as petitioners should be quashed at the investigation stage.
Whether the credible defence of the accused should be considered while deciding a quashing plea before investigation is closed.
1 provisions across 1 enactments
Md. Imran Sabir
Md. Afroz Alam
Md. Mustaque
Md. Shakib
Md. Gufran Sabir
The State Of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
