Petitioner sought quashing of an FIR for IPC offences. Court held that Section 210 CrPC applies to complaint cases and remanded to lower court for procedural compliance.
Criminal miscellaneous petition disposed of; lower court directed to follow Section 210 CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52871 of 2016
Arising Out of PS. Case No.-233 Year-2016 Thana- BASANTPUR District- Siwan
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Deo Kumar Soni son of Late Baidnath Soni, Resident of Village- Karahi Khurd, Police Station- Basantpur, District- Siwan.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 12-01-2023 Heard the learned counsel for the petitioner as well as
the learned APP for the State.
This application has been filed for quashing of FIR bearing Basantpur P.S. Case No. 233 of 2016, registered for offence punishable under sections 302, 213, 214, 420 and 120(B) of the Indian Penal Code.
The learned counsel for the petitioner has submitted that the cousin of the deceased has lodged a case, which was registered as Basantpur P.S. Case No. 196 of 2014 dated 29.06.2014 and for the same occurrence, Smt. Janki Devi, the wife of the deceased has filed complaint and on that basis, Basantpur P.S. Case No. 233 of 2016 has been registered.
Patna High Court CR. MISC. No.52871 of 2016(2) dt.12-01-2023 2/2
In my view, it is not a matter of quashing. Section 210 of the Code of Criminal Procedure Code, 1973 makes a procedure, which is to be followed when there is a complaint case and police investigation in respect of the same offence.
The learned court below may take recourse of Section
210 of the Code of Criminal Procedure.
With these observations, this criminal miscellaneous petition is disposed of.
(Nawneet Kumar Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether the present application for quashing of FIR is maintainable under Article 226/227 of the Constitution.
1 provisions across 1 enactments
Deo Kumar Soni
State of Bihar
Smt. Janki Devi
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
