Petitioner sought quashing of FIR for IPC offences alleging false complaint. Court held FIR cannot be quashed as investigation was completed, charge sheet filed, and complaint disclosed an offence.
Petition dismissed; quashing of FIR refused.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.77 of 2016
Arising Out of PS.Case No. -null Year- null Thana -null District- BHOJPUR =========================================================== 1. Usha Anand W/o Shri Ashutosh Prasad @ Ravi r/o Bajarian PS. Sahar Distt. Bhojpur. .... .... Petitioner/s Versus 1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna, Old Secretariat, Patna. 2. Director General of Police, Bihar, Old Secretariat, Patna. 3. Superintendent of Police Ara Distt. Bhojpur, Ara. 4. Deputy Superintendent of Police, Piro, Distt. Bhojpur, Ara. 5. Inspector of Police, Agiaon, Distt Bhojpur, Ara. 6. Officer-in-charge Sahar P.S. Distt. Bhojpur. 7. Investigating Officer, Shabir Ahmad Khan PS Sadar Distt. Bhojpur.
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Sheopujan Singh Mr. Mukesh Kumar Singh For the Respondent/s : Mr. Fayyaz Ahmad, A.C. to S.C. 3
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL JUDGMENT Date: 18-05-2016
The petitioner has prayed for quashing of the first information report bearing Sahar P.S. Case No. 72 of 2015 dated 07.07.2015 for the offences under sections 147, 323, 324 and 379 of the Indian Penal Code.
Patna High Court Cr. WJC No.77 of 2016 dt.18-05-2016
2
body and also a sum of Rs.500/- was taken out from his pocket by coaccused Sudama Prasad.
(Hemant Gupta, J)
Amin/-
U T
1 issue framed by the court
Whether the first information report disclosing an offence can be quashed under Article 226 after the investigation is completed and charge sheet filed.
2 provisions across 1 enactments
Usha Anand
The State of Bihar
Vimlesh Singh
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
