Allowed

Pawan Yadav @ Pawan Kumar Yadav v. The State Of Bihar, Through The Secretary, Home Department, Government Of Bihar, Patna and Ors.

Patna HC20 Apr 2023CR. WJC/1300/2018

Case brief

AI extract

What is this about?

In a criminal writ petition, the Patna High Court quashed an FIR registered under Sections 328, 307, and 34 IPC. The court allowed the application based on the existence of a duplicate FIR for the same incident and the naming of a deceased person as an accused, acting in the interest of justice.

What did the court decide?

The F.I.R. vide Mairwa P.S. Case No.133 of 2015 registered for the offence under Section 328 & 307/34 of the Indian Penal Code and all consequential proceedings arising out of aforesaid F.I.R. are her

Pawan Yadav @ Pawan Kumar Yadav Vs The State Of Bihar… — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1300 of 2018

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Arising Out of PS. Case No.-133 Year-2015 Thana- MAIRWAN District- Siwan

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======================================================

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Pawan Yadav @ Pawan Kumar Yadav, S/o Raj Kishore Yadav, R/o Vill.Loper, P.S.- Daraunda, District- Siwan.

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... ... Petitioner

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Versus

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The State of Bihar through the Secretary, Home Department, Government of Bihar, Patna

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The Director General, Police, Government of Bihar, Patna. 3. The Superintendent of Police, Siwan.

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The Officer In Charge, Mairwa , P.S., District- Siwan.

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Rajesh Kumar S/o Late Gorkah Yadav, R/o Vill.- Pinarth, P.S.- Doranda, District- Siwan.

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Ashok Kumar, Advocate For the Respondents : Mr. Prabhat Kumar Verma, AAG-3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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4 20-04-2023

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This application has been filed for quashing of F.I.R. vide Mairwa P.S. Case No.133 of 2015 registered for the offence under Section 328 & 307/34 of the Indian Penal Code.

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As per the F.I.R., on 07.09.2015 at about 2:30 P.M. the accused persons including the petitioner came on motorcycles and sprayed intoxicated material upon him and his friend namely, Anup Yadav. As a result of which, they became unconscious and when he regained his conscious, he found himself in hospital and he came to know that Anup Yadav has died in course of treatment.

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Patna High Court CR. WJC No.1300 of 2018(4) dt.20-04-2023 2/2

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Learned counsel for the petitioner submits that for the same occurrence one more F.I.R. viz. Mairwa P.S. Case No. 132 of 2015 has been filed by the father of the deceased and the present F.I.R. is the subsequent one.

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Learned counsel for the State does not dispute this fact that for the same occurrence two F.I.Rs. have been filed and one dead person has been made accused in this case.

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Considering the aforesaid facts, this application is allowed. Accordingly, the F.I.R. vide Mairwa P.S. Case No.133 of 2015 registered for the offence under Section 328 & 307/34 of the Indian Penal Code and all consequential proceedings arising out of aforesaid F.I.R. are hereby quashed in the interest of justice.

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(Sandeep Kumar, J)

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pawan/-

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U T

Pawan Yadav @ Pawan Kumar Yadav v. The State Of Bihar, Through The Secretary, Home Department, Government Of Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Pawan Yadav @ Pawan Kumar Yadav v. The State Of Bihar, Through The Secretary, Home Department, Government Of Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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