Dismissed

Ramesh Paswan and Anr. v. The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna and Ors.

Patna HC7 Jan 2019CR. WJC/1073/2016

Case brief

AI extract

What is this about?

This writ petition sought to quash a first information report registered for cheating and criminal breach of trust. The court found the allegations attracted the ingredients of the offence. Since the offences are cognizable, the court held that neither the institution of the FIR nor its investigation was bad and dismissed the petition.

What did the court decide?

First information report of PS. Case No. 139 of 2016 and its investigation are upheld; writ petition dismissed.

Ramesh Paswan and Anr. Vs The State Of Bihar Through The… — Quashing and FIR | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1073 of 2016

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Arising Out of PS. Case No.-139 Year-2016 Thana- KHAJAULI District- Madhubani

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

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Ramesh Paswan, Son of Ram Sewak Paswan, Resident of Village+ P.O.Kashmarar, P.S.- Khajauli, District- Madhubani.

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Ram Briksha Singh, Son of Parmeshwar Singh, Resident of Village+ P.O.Kashmarar, P.S.- Khajauli, District- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna

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The Director General-cum-Inspector General of Police, Bihar.

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The District Magistrate, Madhubani.

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The Superintendent of Police, Madhubani.

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The Officer in Charge, Khajauli Police Station, Madhubani. 6. The Co-operative Extension Officer, Khajauli, Block Khajauli.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Narayan Rai, Advocate For the Respondent/s : Md. Nadim Seraj, GP-5 Mrs. Shalin, AC to GP-5

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

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT

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Date : 07-01-2019

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

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This writ petition has been filed by the petitioners for quashing the first information report of Khajauli P.S. Case No. 139 of 2016 dated 20.07.2016 registered under Sections 420, 406 read with Section 34 of the Indian Penal Code.

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On perusal of the first information report as contained in Annexure-3 to the writ petition, I find that the allegations made therein do attract ingredients of the offence alleged. Since the

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Patna High Court Cr. WJC No.1073 of 2016 dt.07-01-2019 2/2

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offences are cognizable, neither the institution of the first information report nor its investigation can be held to be bad.

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In that view of the matter, I see no merit in this writ

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application. Accordingly, this writ petition is dismissed.

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(Ashwani Kumar Singh, J.)

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Sanjeet/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	09.01.2019
Transmission Date	09.01.2019

Ramesh Paswan and Anr. v. The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna and Ors.

Case brief

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Ramesh Paswan and Anr. v. The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna and Ors.

Case brief

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