The High Court directed the investigating agency to conclude the investigation of the subject FIR within six months. The interim order dated 04.05.2015 preventing arrest of petitioners continues till the investigation concludes.
Direction to conclude investigation within six months; continuation of interim stay on arrest.
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.18914 of 2015
Arising Out of PS. Case No.-14 Year-2015 Thana- GOVINDPUR District- Nawada
==============================================
... ... Petitioners
Versus
... ... Opposite Parties
============================================== Appearance : For the Petitioners : Mr. Krishna Kant Singh, Advocate For the State : APP For the Opp. Party No.2 : Mr. Vishwajeet Mishra, Advocate ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT
Date : 22-11-2019
Heard Mr. Krishna Kant Singh, learned Advocate
for the petitioners and Mr. Vishwajeet Mishra, learned Advocate for the opposite party no. 2.
The petitioners have approached this Court for quashing of the subject FIR namely, Govindpur P.S. Case No. 14 of 2015.
It appears that way back in the year 2015, an order was passed by this Court directing for investigation of
Patna High Court CR. MISC. No.18914 of 2015 dt.22-11-2019 2/3
the case but with the caveat that the petitioner shall not be arrested.
Learned Advocate of the petitioners submits that
the investigation of the case has not yet been completed. Apart from this, it has been urged that from a reading of the FIR itself it would appear that no offence can at all be said to have been made out as it is a service dispute and opposite party no. 2 has chosen to convert it into a criminal case. It has also been submitted that the petitioners are alleged to have obtained an order of this Court by duping and making false statements. If this were so, it has been urged, a complaint could have been lodged at the instance of the High Court under Section 340 of the Code of Criminal Procedure.
In any view of the matter, since no interference was made with the investigation of the case in the year 2015, this Court thinks it to be appropriate to direct for concluding the investigation as early as possible and preferably within a period six months. If investigation remains pending beyond the aforesaid stipulated period, it will be open to the petitioners to approach this Court again.
Patna High Court CR. MISC. No.18914 of 2015 dt.22-11-2019 3/3
The petition stands disposed of.
Till conclusion of the investigation of the case,
the interim order dated 04.05.2015 shall continue.
(Ashutosh Kumar, J)
BT/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 26.11.2019 |
| Transmission Date | 26.11.2019 |
2 issues framed by the court
Whether the investigation into the subject FIR should be concluded within six months.
Whether the interim order preventing arrest should continue till conclusion of investigation.
Anita Kumari
Smt. Sushila Devi
Suraj Prasad Sah
The State Of Bihar
Naresh Prasad
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
