Criminal miscellaneous application seeking quashing of police report filed under Section 173 Cr.P.C. Held premature as Magistrate has not exercised discretion to proceed or not.
Application dismissed as premature. Petitioner directed to approach Magistrate if any order affecting interest is passed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85665 of 2019
Arising Out of PS. Case No.-538 Year-2018 Thana- GAYA KOTWALI District- Gaya
======================================================
DR. R. S. NAGMANI Son of Late Ram Sewak Singh Resident of VillageBairagi, P.S.- Kotwali, District- Gaya.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Kunal Tiwary, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 07-01-2020
Heard learned counsel for the parties.
The petitioner has sought for quashmnet of the police report dated 19.07.2019, submitted under Section 173 Cr.P.C., in connection with Gaya Kotwali P.S. Case No. 538 of 2018.
The challenge is on the ground that the petitioner was not present at the time of occurrence and is victim of false implication due to the counter case.
In my view, the prayer is premature. The Magistrate has not exercised its discretion to proceed or not with the case.
The petitioner may pursue legal remedy if the Magistrate passes any order affecting interest of the petitioner.
Patna High Court CR. MISC. No.85665 of 2019 dt.07-01-2020 2/2
With this observation, this application stands disposed
off.
(Birendra Kumar, J)
Kundan/-
| AFR/NAFR | N.A. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 08.01.2020 |
| Transmission Date | 08.01.2020 |
Dr. R. S. Nagmani
The State of Bihar
Deepchand Gupta
Birendra Kumar
As recorded by the court registry
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