In Criminal Miscellaneous No.13845 of 2014, the Patna High Court dismissed an application seeking quashing of an order refusing to discharge the petitioner under Section 482 Cr.P.C. The court held that FIR competence is a procedural irregularity not vitiating trial without prejudice and factual disputes cannot be examined at this stage.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13845 of 2014
Arising Out of PS.Case No. -64 Year- 2012 Thana -GAYA KOTWALI District- GAYA ====================================================== 1. Sanjay Kumar Son Of Sri Gopal Prasad, Resident Of Village-Pandariba, P.S.-Kotwali, District-Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur, Advoate For the Opposite Party/s : Mr. A.L.Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 14-10-2014 The Petitioner seeks quashing of the order dated 20.12.2013 passed by the S.D.J.M., Gaya in Kotwali P.S. case No.64 of 2012 (Trial No.2105 of 2013), by which he has refused to discharge the Petitioner.
It has been submitted that the First Information Report has been instituted by an incompetent person and fact of the matter is that two rooms had been rented out to another person and hence the Petitioner cannot be held liable for any recovery therein.
Considering that as to whether the First Information Report has been instituted by a competent person is a question of irregularity in procedure, which would not vitiate the trial if no prejudice is caused to the accused persons and the second point raised on his behalf is a question of fact which cannot be gone into
Patna High Court Cr.Misc. No.13845 of 2014 (2) dt.14-10-2014
2/2
at the stage of 482 Cr.P.C., I am not inclined to interfere in the matter. Application stands dismissed.
(Anjana Prakash, J)
Narendra/-
U T
2 issues framed by the court
Whether the High Court can interfere in a criminal proceeding under Section 482 Cr.P.C. on grounds of FIR incompetence or disputed facts.
Whether the quashing of an order refusing discharge under Section 482 Cr.P.C. is justified.
Sanjay Kumar
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
