The Patna High Court dismissed a criminal miscellaneous application filed under Section 482 Cr.P.C. to quash an FIR alleging cheating. The court held that the facts required police investigation and refused to quash the FIR at this stage without going into merits.
FIR not quashed; directed to submit Final Report.
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.3614 of 2015
Arising Out of PS.Case No. -241 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI)
The State of Bihar
.... .... Petitioner/s Versus .... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Advocate. For the State : Mr. Ram Chandra Singh,A.P.P.
=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 29-01-2018
1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the First Information Report of Kesaria P.S. Case No. 241 of 2014 dated 21.10.2014 instituted against the petitioners and their family members for the offence under Sections 406, 420 and 506/34 of the Indian Penal Code.
2. In the First Information Report there is allegation that these petitioners took Rs.2,50,000/- from the informant on the pretext to give appointment to the son of the informant as Panchayat Teacher. The son of the informant did not get appointment and when the informant made request to return the money, the petitioners returned only an amount of Rs.30,000/- and refused to return the
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remaining amount.
3. Heard learned counsel for the petitioner and
learned counsel for the State.
4. Learned counsel for the petitioners has submitted that there is no any document to substantiate the allegation made in the First Information Report. Even from the First Information Report the informant has himself committed illegal contract with the petitioners for providing appointment to his son. It has further been submitted that one Chandeshwar Tiwari has filed seven cases with similar allegation against this petitioner. The instant First Information Report has been filed because the notification was issued for election of PACS in the month of August, 2014, in which, father of the petitioners had filed nomination for the post of Chairman of Gariba Panchayat PACS.
5, This Court is of the view that all these facts could properly be investigated by the police.
6. Therefore, at this stage without going into the merit of the allegation, this Court is not inclined to quash the First Information Report.
7. This Criminal Miscellaneous application is
accordingly dismissed.
8. The Police is directed to submit Final Report under
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Section 173 Cr. P.C. within a period of three months from the date of
receipt of this order.
9. The District & Sessions Judge is directed to
communicate this order to the Superintendent of Police concerned in connection with Kesariya P.S. Case No. 241 of 2014.
(Sanjay Priya, J)
| S.Ali/- | |
|---|---|
| AFR/NAFR | NAFR |
| CAV DATE | N.A. |
| UploadingDate | 02/02/2018 |
| Transmission Date |
02/02/2018 |
2 issues framed by the court
Whether the First Information Report alleging cheating and illegal contract can be quashed under Section 482 Cr.P.C.
Whether the allegations establish a cause of action warranting immediate judicial interference.
2 provisions across 2 enactments
Arinjay Kumar Singh
Kameshwar Prasad Singh
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
