Oral order in a criminal miscellaneous petition seeking quashing of an FIR. The court dismissed the application without adjudicating merits, directing petitioners to seek relief if arrested during trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18709 of 2013
Arising Out of PS.Case No. -11 Year- 2013 Thana -HARLAKHI District- MADHUBANI
====================================================== 1. Md. Rahmatulla S/O Isalm Mansoori R/O Village-Gangaur, (Ganchil Tola) P.S.-Harlakhi, Distt.-Madhubani
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
The petitioners seek quashing of the first Information report bearing Harlakhi P.S. Case No. 11 of 2013 instituted under Sections 498(A), 379 read with Section 34 of the Indian Penal code.
Patna High Court Cr.Misc. No.18709 of 2013 (2) dt.01-07-2014
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Learned counsel for the petitioners submits that a false case has been instituted with a mala fide purpose.
This Court would not go into the merits of the case of the petitioners at this stage when the investigation is already in progress. The petitioners would have recourse to agitate, in accordance with law in case they are sent up for trial.
In that view of the matter, this application is dismissed.
(Ashutosh Kumar, J)
Jagdish/U
1 issue framed by the court
Whether to quash the first Information Report bearing Harlakhi P.S. Case No. 11 of 2013 under Sections 498(A), 379 read with Section 34 of the Indian Penal Code without adjudicating on the merits.
Md. Rahmatulla
Md. Islam Mansoori
Nazama Khatoon
Khadiza Khatoon
State Of Bihar
Nikahat Praveen
Ashutosh Kumar
As recorded by the court registry
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