Dismissed

Upendra Narayan Yadav and Ors. v. State Of Bihar and Anr.

Patna HC26 Nov 2018CR. MISC./29497/2012

Case brief

AI extract

What is this about?

High Court at Patna dismissed a petition seeking quashment of an FIR under Sections 363/347/34 IPC. The court held the prayer became infructuous after the court below took cognizance, necessitating a fresh proceeding to challenge the order of cognizance.

What did the court decide?

Petition disposed of with liberty to file fresh proceedings to challenge the order of cognizance before the appropriate forum.

Upendra Narayan Yadav and Ors. Vs State Of Bihar and… — Writ and Judicial Review | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29497 of 2012

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Arising Out of PS. Case No.-124 Year-2012 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga

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======================================================

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Upendra Narayan Yadav S/O Late Shaligram Yadav R/O Nathnagar Kabirpur Road Jain Mandir, P.S- Nathnagar, DistrictBhagalpur.

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Renu Devi W/O Sri Varun Kumar R/O Village- Baryapur Naya Chavani, P.S- Baryapur, District- Munger.

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Bindu Devi W/O Sri Ranvir Kumar R/O Village- Dhalbandh, P.SBelharhar, District- Banka.

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... ... Petitioner/s

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Versus

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State Of Bihar

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Ajay Kumar, S/O Late Umesh Chandra Rai, R/o Mohalla Lakxmi Sagar Colony, P.S. L.N.M.V.V. Campus, District- Darbhanga.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s :

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======================================================

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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Date : 26-11-2018

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Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners have moved the Court for the following reliefs:

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“That the present petition is being filed for quashing of the First Information Report lodged at L.N.M.V.V. police station bearing L.N.M.V.V. P.S. case No.- 124 of 2012 dated

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Patna High Court Cr.Misc. No.29497 of 2012 dt.26-11-2018 2/3

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12.06.2012 for the offence punishable U/S

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363/347/34 of the Indian Penal Code.”

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Today it has come for the first time and the position is that cognizance has been taken by the court below after filing of the chargesheet. Thus, for all practical purposes, the Court finds that the prayer for quashing of the F.I.R. has become infructuous.

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Learned counsel for the petitioners submitted that petitioner no. 1 is dead. He further submitted that an Interlocutory Application has been filed seeking amendment of the prayer inasmuch as quashing of the order of cognizance has been prayed for.

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The Court finds that the application having become infructuous is not required to be kept pending as the challenge to the order of cognizance is completely a new cause of action for which fresh and separate proceeding is required to be filed before the appropriate forum, in accordance with law.

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In view thereof, the application stands disposed off with liberty to the petitioners to take steps in accordance with law, before the appropriate forum, for any cause of action which may have arisen pursuant to chargesheet being submitted

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Patna High Court Cr.Misc. No.29497 of 2012 dt.26-11-2018 3/3

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and cognizance being taken by the court.

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(Ahsanuddin Amanullah, J)

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Anjani/-

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AFR/NAFR U T

Upendra Narayan Yadav and Ors. v. State Of Bihar and Anr.

Case brief

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Upendra Narayan Yadav and Ors. v. State Of Bihar and Anr.

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