The High Court disposed of the application for quashing an FIR. Directing the petitioner to seek exoneration from the investigative agency before approaching the court again, the Court quashed the proceeding for immediate quashing.
Application disposed of with directions to approach investigating agency for exoneration first.
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.5255 of 2019
Arising Out of PS. Case No.-26 Year-2017 Thana- MAHARAJGANJ District- Siwan
======================================================
Saurav Anurag, Sheo Kumar Rai Village-Sidhikhap, P.S-Bankebazar, DistrictGaya.
... ... Petitioner
Versus The State of Bihar. ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Y.V. Giri, Sen ior Advocate Mr. Ashish Giri, Advocate Mr. Sunit Kumar, Advocate Ms. Riya Giri, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 13-07-2023 Heard the parties.
2 . This application has been filed for quashing of the F.I.R. vide Maharajganj P.S. Case No.26 of 2017 registered for the offence under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.
3 . In the F.I.R. some allegations have been
levelled against the petitioner which have been/are being investigated. If the charge-sheet is submitted against the petitioner then he may move before this Court at an appropriate stage. If the petitioner is exonerated then the petitioner is not required to move before this Court. The petitioner is given liberty to approach the Superintendent of Police, Siwan and the Investigating Agency and give his defence so that the same can
be investigated if the investigation is pending.
Patna High Court CR. MISC. No.5255 of 2019(2) dt.13-07-2023 2/2
4 . With the aforesaid observations and
directions, this application stands disposed of.
(Sandeep Kumar, J)
pawan/-
U T
1 issue framed by the court
Whether the application for quashing of FIR should be disposed of on the observation that defence should be given to investigating agency first.
1 provisions across 1 enactments
Saurav Anurag
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
