In a criminal writ jurisdiction case, petitioners sought quashing of an FIR alleging false allegations based on political rivalry against them. The court rejected the application, holding that a prima facie case exists and investigation is ongoing.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1231 of 2018
Arising Out of PS.Case No. -72 Year- 2016 Thana -Uchkagaon District- GOPALGANJ
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.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Maruth Nath Roy, Adv. For the Respondent/s : Dr. Anand Kumar, AC to AAG-3 For the Informant : Mr. Harsh Singh, Adv.
=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT
Date: 11-05-2018
Heard learned counsel for the petitioners, learned counsel representing the informant as also learned counsel representing the State.
Petitioners have moved this Court for quashing of the First Information Report being Uchkagaon P.S. Case No.72 of 2016 dated 10.05.2016 registered under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code and Section 3 (1) (X) of the SC/ST Act. It is submitted that Section 379 of the Indian Penal Code has also been added later on.
Learned counsel for the petitioners submits that the allegations
Patna High Court Cr. WJC No.1231 of 2018 dt.11-05-2018
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against the petitioners are false, fabricated and baseless as those have been made because of political rivalry.
On the other hand, learned counsel representing the informant and the State submits that, at this stage, this Court while exercising its jurisdiction under Article 226 of the Constitution of India, would not go into the nature of the evidences which are available on the record or will come in course of investigation of the case, what is to be seen by the Court is as to whether or not a prima-facie case is made out against the petitioners if the allegations contained in the F.I.R are found to be true after investigation. It is submitted that there are specific allegations of not only abuse but also assault to the informant by iron rod and knife causing injuries on his head and chest.
Having gone through the contents of the F.I.R, this Court is of the considered opinion that if the allegations made therein are found to be correct after investigation, a criminal offence will be prima-facie made out, therefore, at this stage, if the investigation is still going on, this Court would not be willing to quash the F.I.R.
The writ application being devoid of merit is hereby dismissed.
(Rajeev Ranjan Prasad, J)
Arvind/R.R.Ojha
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 15.05.2018 |
| Transmission Date |
15.05.2018 |
1 issue framed by the court
Whether the First Information Report registered under sections of IPC and SC/ST Act should be quashed at this stage.
3 provisions across 3 enactments
Munnalal Singh
Sanjai Singh
Raju Singh
Shambhu Singh
The State of Bihar, Through The Principal Secretary, Department of Home, Government of Bihar
Sri Ajay Sah Gond
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
