In an application to quash an FIR for cheating and forgery, the High Court of Patna dismissed the petition but granted liberty to raise grounds if a chargesheet is submitted.
Application dismissed; liberty granted to raise grounds if chargesheet is filed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7643 of 2023
Arising Out of PS. Case No.-54 Year-2020 Thana- GADHPURA District- Begusarai
======================================================
Sachchi Kumari Wife Of Sateyendra Kumar Pathak R/V- Malipur, P.S.Garhpura, District- Begusarai
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhay Kumar Jha For the Opposite Party/s : Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 04-07-2023
This is an application for quashing the F.I.R. of Garhpura P.S. Case No. 54 of 2020 dated 23.06.2020 registered for the offences under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code.
The prosecution story in short is that the certificate of the petitioner and marks sheet of Intermediate Arts is forged. Learned counsel for the petitioner submits that the petitioner is innocent and he has no criminal antecedent and the F.I.R. has been lodged on misconception against the petitioner.
In view of the law laid down by the Hon’ble Supreme Court in the case of Neeharika Infrastructure Pvt
Patna High Court CR. MISC. No.7643 of 2023(2) dt.04-07-2023 2/2
Ltd. V. State of Maharshtra and others (2020) 10 SCC 118, this
application is dismissed.
The petitioner is given liberty to raise all the grounds
at an appropriate stage if chargesheet is submitted.
(Sandeep Kumar, J)
Shishir/-
U T
3 issues framed by the court
Whether the application for quashing of FIR registered for offences under Sections 467, 468, 471, 420 and 120(B) IPC should be allowed or dismissed.
Whether liberty to raise further grounds upon submission of chargesheet should be granted.
Whether the petitioner is innocent and the FIR was lodged on misconception.
Colour shows how this judgement treated each authority
Neeharika Infrastructure Pvt. Ltd. V. State of Maharshtra and othersReferred¶14
Neeharika Infrastructure Pvt. Ltd. V. State of Maharshtra and others (2020) 10 SCC 118 · Who else cites this
Sachchi Kumari
The State of Bihar
Surendra Kumar Mauar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
