This hearing record addresses a criminal writ petition under Articles 226 and 227 seeking quashing of an FIR. The court briefly observed that the FIR allegations attract the ingredients of a cognizable offence and dismissed the application.
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 Writ Jurisdiction Case No.1132 of 2015
Arising Out of PS.Case No. -null Year- null Thana -null District- SAHARSA
=========================================================== Sudhir Tiwari, son of Baldeo Tiwari, Resident of village- Tiwari Tola, Ward No. 33, P.S.- Saharsa, District- Saharsa
.... .... Respondents
=========================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Respondent/s : Mr. Rajiv Roy, GP-5
=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date: 01-03-2016
By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report of Saharsa P.S. Case No. 95 of 2015 dated 11.02.2015 registered under Sections 341, 323, 384, 386, 387 & 379 read with 34 of the Indian Penal Code.
I have heard learned counsel for the petitioner, learned counsel for the State and perused the FIR as contained in Annexure-
Patna High Court Cr. WJC No.1132 of 2015 dt.01-03-2016
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1 to the present application. The allegations made therein do attract ingredients of a cognizable offence.
In that view of the matter, I do not find any merit in this application. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether the first information report registering an FIR under Sections 341, 323, 384, 386, 387, 379 read with 34 IPC attracts the ingredients of a cognizable offence thereby precluding its quashing.
Sudhir Tiwari
The State of Bihar
Bhogendra Chaudhary
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
