The Patna High Court, by an oral order, declined to quash the FIR filed by the respondents, observing that investigation is interfered with only under exceptional circumstances. The petitioner was directed.
Application disposed of; direction to Investigating Officer to conclude investigation within two months.
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.3351 of 2014
Arising Out of PS.Case No. -347 Year- 2013 Thana -JAMUI District- JAMUI ====================================================== 1. Abhishek Kumar Sinha, son of Ashok Sinha Branch Manager, Ways Development and Consultancy Pvt. Ltd., Krishna Market, 2nd Floor Jamui ( Near Bank of Baroda, Jamui Branch), P.S. + District - Jamui. .... .... Petitioner/s Versus 1. The State of Bihar, 2. Ranbir Kushwaha, son of Jharo Mahto, resident of village - Manpur, P.S.- Halsi, District- Lakhisarai. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 19-08-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of First Information Report of Jamui P.S. Case No.347 of 2013 on the ground that it is merely on apprehension that the present First Information Report has been instituted without any cognizable offence.
Considering that it is only under exceptional circumstances investigation should be interfered with, I am not inclined to interfere in the matter.
The application is disposed off with direction to the Investigating Officer to conclude the investigation considering the aforesaid and other aspects within a period of two months from the date of receipt/production of a copy of this order.
Let this order be communicated to the
Patna High Court Cr.Misc. No.3351 of 2014 (3) dt.19-08-2014
2/2
Superintendent of Police, Jamui, through FAX at the cost of the Petitioner for its onward communication to the Investigating Officer concerned.
Application stands disposed off.
JA/-
U T
(Anjana Prakash, J)
1 issue framed by the court
Whether the High Court should quash the FIR under the exceptional circumstances test.
Abhishek Kumar Sinha
The State of Bihar
Ranbir Kushwaha
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
