Dismissed

Hansraj Chauhan @ Hansraj Nonia and Anr. v. The State Of Bihar

Patna HC1 May 2014CR. MISC./12580/2013

Case brief

AI extract

What is this about?

High Court dismissed an application under Section 482 CrPC seeking quashing of a lower court order summoning petitioners for trial in a CPI case involving alleged arson, holding that sufficient material existed to proceed with prosecution despite a police final report.

What did the court decide?

Application under Section 482 CrPC for quashing the order of taking cognizance and summoning the accused is dismissed.

Hansraj Chauhan @ Hansraj Nonia and Anr… — Constitutional and Fundamental Rights | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.12580 of 2013

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====================================================== 1.Hansraj Chauhan @ Hansraj Nonia son of Ram Nath Nonia 2. Tarkeshwar Prasad @ Tarkeshwar Kurmi son of Late Bishwanath Prasad Both resident of village - Badram, Police Station - Hussainganj, District - Siwan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-05-2014 Heard learned counsel for the petitioners and learned counsel for the State.

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The present application under section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 20.12.2012 passed by learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No.50 of 2012 whereby and whereunder the court below has taken cognizance for the offence punishable under section 436/34 of the Indian Penal Code and summoned the petitioner to face trial.

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Learned counsel for the petitioners has submitted that in course of investigation the police found accusation as against the petitioners to be false and submitted final report against them. It has further been submitted that from perusal of the FIR it would appear that the hutment which caught fire was not a dwelling house of the informant.

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Patna High Court Cr.Misc. No.12580 of 2013 (2) dt.01-05-2014

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2/2

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On perusal of the FIR I find that there is categorical statement of the informant that her house was set on fire by the petitioners as a result of which she sustained loss of property. The petitioners are named in the FIR. The court below while passing the impugned order has taken into consideration the statement of the witnesses recorded under section 161(3) of the Cr.P.C. In paragraphs 5, 6, 7, 8 and 9 of the case diary. The court has found that there are sufficient materials to proceed against the petitioners in the present case.

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It is well settled that the Magistrate is not bound to accept the final report submitted by the police and if he feels that the evidence and materials collected during investigation can justify prosecution of the accused, he may not accept final report and take cognizance of the offence and summon the accused.

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Considering the facts and circumstance of the case, I find no merit in the present case. Accordingly, the application is dismissed.

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Md.S./-

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(Ashwani Kumar Singh, J)

Hansraj Chauhan @ Hansraj Nonia and Anr. v. The State Of Bihar

Case brief

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Hansraj Chauhan @ Hansraj Nonia and Anr. v. The State Of Bihar

Case brief

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