Criminal writ petition filed to quash an FIR registered under multiple sections of the IPC. The High Court observed that the FIR allegations attracted ingredients of a cognizable offence. Consequently, the application was dismissed as devoid of merit.
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 Writ Jurisdiction Case No.1301 of 2019
Arising Out of PS. Case No.-168 Year-2019 Thana- KAUWAKOL District- Nawada
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Shushil Kumar Sao @ Sonu @ Shushil Kumar, aged about 27 years, male, Son of Bhushan Kumar Sao @ Bhushan Saw, Resident of Rani Bazar, P.S.Kawakol, District-Nawada.
... ... Petitioner
Versus
... ... Respondents
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Appearance : For the Petitioner : Mr. Amresh Kumar Sinha-Advocate For the Respondents : Mr. Md. Nadim Seraj-G.P.-5
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
16-09-2019
Heard learned counsel for the petitioner and learned counsel for the State.
the Constitution of India has been filed by the petitioner for quashing of the F.I.R. of Kawakol P. S. Case No.168 of 2019 dated 22.06.2019 registered inter alia under Sections 341, 323, 354(B), 307, 379, 504, 506, 34 of the I.P.C.
Patna High Court CR. WJC No.1301 of 2019 dt.16-09-2019 2/3
comes from a weaker sections of the society and is preparing for higher studies. Since he had supported the present local Mukhiya, whose name also figures in the F.I.R., his name has maliciously been given by the informant as an accused in his written report with an intent to humiliate and harass him.
Patna High Court CR. WJC No.1301 of 2019 dt.16-09-2019 3/3
Annexure-1 in the application, I find submission made on behalf of the State to be correct. The allegations made in the F.I.R. do attract the ingredients of cognizable offence. To hold an investigation into a cognizable offence is the statutory right of the police.
dismissed.
(Ashwani Kumar Singh, J)
vikash/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 17.09.2019 |
| Transmission Date | 17.09.2019 |
2 issues framed by the court
Whether the warrant under Articles 226 and 227 of the Constitution of India is maintainable for quashing the FIR registered under various sections of the IPC.
Whether the allegations in the FIR disclose the ingredients of a cognizable offence under the IPC.
Shushil Kumar Sao @ Sonu @ Shushil Kumar
State of Bihar through Chief Secretary, Govt. of Bihar, Patna
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
