This was a criminal writ application under Articles 226 and 227 seeking quashing of an FIR. The court examined the allegations, found them to attract the relevant IPC offences, and dismissed the application due to lack of merit.
Application for quashing the First Information Report dismissed.
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.679 of 2015
====================================================== 1. Om Prakash Singh Son of Kamla Singh, Resident of Village - Asani, P>S. - Udwantnagar, District - Bhojpur (Chairman of Om Krisak Seva Swablambi Sahkari Samiti Ltd., Asani, Udwantnagar, Bhojpur). .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Deputy Inspector General of Police, Patna Range, Patna. 3. The Superintendent of Police, Arrah, District - Bhojpur. 4. The District Magistrate Arrah, District - Bhojpur. 5. The Station House Officer, Udwantnagar Police Station, District - Bhojpur. 6. The District Cooperative Officer, Arrah, District - Bhojpur. 7. The Co-operative Extension Officer, Udwantnagar, District - Bhojpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Sinha For the Respondent/s : Mr. D.K. Prasad (Gp-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 03-03-2016 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 Udwantnagar P.S.Case No. 101 of 2015 registered under Sections 406, 409 and 420 of Indian Penal Code.
Earlier four weeks time was granted to the counsel for the State to file counter affidavit in the matter. However, no counter affidavit has been filed.
Learned counsel for the State has stated that since
he has not received any instruction in the matter, he is not in a
Patna High Court Cr. WJC No.679 of 2015 (3) dt.03-03-2016
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position to file counter affidavit.
In view of the fact that the petitioner has sought for quashing of the First Information Report of Udwantnagar P. S. Case No. 101 of 2015, the filing of the counter affidavit is dispensed with.
I have heard learned counsel for the petitioner and learned counsel for the state and perused the allegations made in the FIR, as contained in Annexure-1 to the present application.
The allegations made in the First Information Report do attract the ingredients of the offences alleged under Sections 406, 409 and 420 of the Indian Penal Code.
In that view of the matter, I do not find any merit in
this application. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J)
Pradeep/-
U T
3 issues framed by the court
Whether the High Court should quash the FIR under Sections 406, 409 and 420 of the Indian Penal Code.
Whether the allegations in the FIR attract the ingredients of the offences alleged.
Whether any merit exists in the application for quashing the First Information Report.
5 provisions across 2 enactments
Om Prakash Singh
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
