The Court dismissed the quashing application challenging an FIR registered under various IPC sections for allegedly creating forged injury reports, holding that the allegations disclose an offence requiring investigation.
The quashing application is dismissed. The FIR and the warrant of arrest stand upheld.
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 Miscellaneous No.24380 of 2014
Arising Out of PS.Case No. -138 Year- 2014 Thana -SUPAUL District- SUPAUL
=========================================================== Ashok Kumar Singh S/o Late Rajendra Prasad Singh Resident of Mohalla Chakla Nirmali (Ward No. 7), Town + P.S. + District Supaul.
.... .... Petitioner
Versus
.... .... Opposite Party
=========================================================== Appearance : For the Petitioner : Mr. Vijay Kumar, Advocate For the State : Mr. Surendra Prasad Singh, A.P.P.
=========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 24-08-2017
Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of opposite party no.2.
Patna High Court Cr.Misc. No.24380 of 2014 dt.24-08-2017
2/2
in existence by the petitioner in that case, however, in Supaul P.S. Case No.555 of 2012, police has submitted charge sheet against the accused persons, so it amounts to further investigation in the earlier case and for the same offence there could not be two investigations.
(Arun Kumar, J)
N.H./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 30-08-2017 |
| Transmission Date |
30-08-2017 |
2 issues framed by the court
Whether an FIR alleging creation of forged injury reports discloses an offence sufficient for investigation, rendering the quashing application maintainable.
Whether it amounts to double investigation when one co-accused had applied to quash an earlier case involving similar allegations.
Colour shows how this judgement treated each authority
Cr.W.J.C. No.482 of 2015Referred¶19
1 provisions across 1 enactments
Ashok Kumar Singh
The State of Bihar
Madhu Anand
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
