Hon'ble High Court at Patna dismissed Criminal Misc. No. 42994 of 2015 seeking quashing of FIR. No relief granted due to lack of appearance by the petitioner, though liberty was granted to raise arguments later.
Petition dismissed for non-prosecution with liberty to raise points at an appropriate stage before the concerned Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42994 of 2015
Arising Out of PS. Case No.-416 Year-2011 Thana- SAHARSA SADAR District- Saharsa
======================================================
Ajay Sharma Son of Babu lal Sharma Resident of Janaki Nagar, Police Station -Goroul, District Vaishali.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : None. For the Opposite Party/s : Mr.Ambika Bhagat, Spl .A P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
The present petition has been preferred for quashing
of the order dated 17.7.2014 under sections 341, 353, 323, 279, 332/34 of the Indian Penal Code & 3(x) SC/ST Act in connection with Saharsa Sadar P.S. Case No. 416 of 2011.
As per the prosecution story, the police in course of checking intercepted a truck which tried to escape by rash driving but was finally apprehended.
In the meantime, the accused persons who were following the truck came out and manhandled the police party and also prevented them from doing their government work. Accordingly, the FIR.
Patna High Court CR. MISC. No.42994 of 2015(3) dt.14-03-2023 2/2
Considering the kind of allegation that has come in the FIR, no relief can be granted to the petitioner.
However, as no one has appeared on call, the petition stands dismissed for non-prosecution with liberty to the petitioner to take all the points at an appropriate stage before the concerned Court.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether a petition under Section 482 CrPC for quashing of proceedings should be allowed when no one appeared on call.
2 provisions across 2 enactments
Ajay Sharma
State Of Bihar
Sujit kumar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
