Dismissed

Prabhu Dayal v. The State of Bihar

Patna HC9 Dec 2019CR. MISC./79991/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous petition under Section 482 CrPC seeking quashing of an FIR registered for offences of cheating and criminal breach of trust. The petitioner argued the FIR was based on non-submission of files during service, a fact negated by a subsequent No Objection Certificate and retirement. The High Court dismissed the stay application, noting investigation was pending and no cognizance

What did the court decide?

Petition for quashing of FIR was dismissed.

Prabhu Dayal Vs The State of Bihar — Cheating and Forgery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79991 of 2019

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Arising Out of PS. Case No.-26 Year-2019 Thana- TANKUPPA District- Gaya

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

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PRABHU DAYAL Son of Bhagirath Pandit Resident of Fatehpur, P.S.Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Opposite Party/s : Mr.Arun Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 09-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

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The instant petition, under Section 482 of the Code of Criminal Procedure, 1973 ( for short ‘the Code’), has been preferred for quashing the F.I.R. vide Tankupa P.S. Case No. 26 of 2019, registered for the offences under Sections 420, 406 and 409/34 of the Indian Penal Code against the petitioner and other accused persons.

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Petitioner’s counsel submits that F.I.R. is alleging nonsubmission of certain files, when the petitioner was in service in the year 2005-06. The petitioner was retired thereafter in the year 2008 and that there is a ‘No objection Certificate’ dated 06. 03. 2009, issued by his successor in office

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Patna High Court CR. MISC. No.79991 of 2019(2) dt.09-12-2019 2/2

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that there is no dues against the petitioner.

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Learned APP for the State submits that the application seeks quashing of the F.I.R.. At present, the investigation is going on and these are issues, which the Investigating Agency would surely consider during the course of the investigation. No prejudice is caused to the petitioner, at the moment, as the cognizance has also not been taken till date.

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Considering the aforesaid submissions, the application stands dismissed.

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(Madhuresh Prasad, J)

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shyambihari/-

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U T

Prabhu Dayal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prabhu Dayal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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