In a criminal writ jurisdiction case, the Patna High Court dismissed a petition seeking quashing of an FIR under Sections 420,406 and 409 IPC. The Court held that specific allegations of inducement prima facie disclose a criminal offence.
Petition for quashing of FIR dismissed as no ground was made out.
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.74 of 2016
Arising Out of PS.Case No. -714 Year- 2015 Thana –Khazanchi Hatt District- PURNIA =========================================================== Razia Begum, W/o Md. Mokkaram, aged about 52 years Resident of Khazanchi Hatt, P.S K.Hatt, District Purnea
.... .... Petitioner/s
Versus
.... .... Respondent/s
===========================================================
Appearance :
For the Petitioner : Mr. Raj Kumar Rajesh, Advocate. For the State : Mr. Madhukant Mishra, A.C. to S.C. 31 For the Respondent no. 8 : Mr. S. D. Yadav, Advoate.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL JUDGMENT Date: 18-05-2016
The petitioner has prayed for quashing of the first information report bearing Khazanchi Hatt P.S. Case No. 714 of 2015 dated 23.11.2015 for the offences under sections 406, 409 and 420 of the Indian Penal Code.
Patna High Court Cr. WJC No.74 of 2016 dt.18-05-2016
2
accused in the present case out of malice, previous enmity and with ulterior motive by misusing the power of the court.
Patna High Court Cr. WJC No.74 of 2016 dt.18-05-2016
3
F.I.R. in question, no such inference can be drawn by this Court.
as no ground is made out for quashing of the F.I.R. in the present proceedings.
Amin/-
U T
(Hemant Gupta, J)
3 issues framed by the court
Whether the First Information Report in PS.Khazanchi Hatt case no. 714 of 2015 alleging cheating under Sections 420, 406, and 409 IPC be quashed.
Whether the petitioner's alleged role as an office bearer justifies implicating her merely because she is the wife of a Director.
Whether the FIR requires interference by this Court given specific allegations of inducement to part away with money.
1 provisions across 1 enactments
Razia Begum
The State of Bihar Through Director General of Police Bihar, Patna
The Inspector General Of Police, Patna
The Deputy Inspector General of Police (D.I.G), Koshi, Range
The Superintendent of Police, Distt Purnea
Shyam Kumar Mehta
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
