This single-judge bench allowed an application for quashing criminal proceedings after finding no material in the case diary to corroborate murder allegations, noting the deceased was intoxicated and no injuries or poisoning were found during the postmortem.
The entire proceeding including the order of cognizance dated 21.9.2013 is set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8502 of 2014
| Arising Out of PS.Case No. -160 Year- 2011 Thana -BAJPATTI District- SITAMARHI | |
|---|---|
| ====================================================== 1. Pankaj Kumar S/O Shiv Chandra Paswan 2. Jitendra Paswan S/O Shatrughan Paswan 3. Vijay Paswan S/O Late Shiv Shanker Paswan, All Are Resident Of Village- Murliyadih, P.S.- Bajpatti, District- Sitamarhi |
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| .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the State : Mr. R.B. Roy Raman, APP For the Informant : Mr. Saroj Kumar, Advocate ====================================================== |
|
CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER |
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| 4 | 13-10-2014 The Petitioners seek quashing of the entire proceeding |
| including the order of cognizance dated 21.9.2013 passed by the | |
| Sub Divisional Judicial Magistrate, Pupri, Sitamarhi in G.R. No.579 of 2011/ Trial No.1425 of 2013 arising out of Bajpatti P.S. case No.160 of 2011. |
The case of the Informant Yogesh Paswan is that his cousin brother Santosh Kumar had gone to in-laws’ house on 27.9.2011. Later he got information that his cousin brother was seriously ill and was being taken to the Hospital. When he reached the Hospital he found his cousin brother dead and some abrasions on his neck and, therefore, alleged that his cousin brother had been killed by his in-laws. During investigation no material transpired
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to corroborate the allegation of murder and hence final report was submitted.
The case diary was called for in the present case, from which it appears that apart from an oral allegation there is no cogent material in support of murder of the deceased.
In fact it transpired during investigation that the deceased was a drunkard and on the date of occurrence he was completely intoxicated, on account of which he fell ill and was taken to the Hospital. When the postmortem examination was done no external injury was found on the person of the deceased nor did the viscera reveal any poisoning. In such circumstances, the Petitioners pray that the order of cognizance be quashed.
Having considered the material in the case diary, the application is allowed and the entire proceeding including the order of cognizance dated 21.9.2013 passed by the Sub Divisional Judicial Magistrate, Pupri, Sitamarhi in G.R. No.579 of 2011/ Trial No.1425 of 2013 arising out of Bajpatti P.S. case No.160 of 2011 is hereby set aside.
(Anjana Prakash, J)
Narendra/-
U T
1 issue framed by the court
Whether the proceedings and order of cognizance should be quashed in the absence of material corroborating the murder allegation.
Pankaj Kumar
Jitendra Paswan
Vijay Paswan
The State Of Bihar
Anjana Prakash
As recorded by the court registry
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