Babua Nand Singh v. the State of Bihar
Case brief
What is this about?
The High Court refused to quash an FIR for cheating and forgery since a charge sheet had already been filed by the investigating agency.
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.11183 of 2021
Arising Out of PS. Case No.-68 Year-2009 Thana- MANJHI District- Saran
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... ... Petitioners.
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mahesh Narayan Parvat, Sr. Advocate Mr. Praveen Prabhakar, Advocate For the Opposite Party/s : Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
learned APP for the State.
The present application has been preferred for quashing the F.I.R., bearing Manjhi P.S. Case No.68 of 2009, registered under Sections 419, 420 & 468 (wrongly mentioned as 48) of the Indian Penal Code.
Patna High Court CR. MISC. No.11183 of 2021(9) dt.19-01-2023 2/2
Learned senior counsel for the petitioners submits that the petitioners have been made accused in the said case by committing error of record, in illegal and arbitrary manner and on erroneous grounds as also without any evidence of their involvement in the alleged crime. He further submits that police has submitted the charge sheet after 13 years.
Considering the fact that the charge sheet has been submitted before the learned Court below, I am not inclined to interfere in this matter.
Accordingly, this application is disposed of with a liberty to the petitioner to raise such question in accordance with law as he may be advised.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
BABUA NAND SINGH AND OTHERS
THE STATE OF BIHAR
ANJANI KUMAR SHARAN
As recorded by the court registry
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