Mannan Ansari v. The State of Bihar
Case brief
What is this about?
Patna High Court; CR. MISC. No.17897 of 2024; Mannan Ansari v. The State of Bihar; quashing of FIR refused; Turjauliya/Turkauliya PS Case No. 137 of 2023 (East Champaran); IPC Sections 370, 371(A), 371, 372, 373, 376(C)/34; JJ Act Sections 75, 76; POCSO Act Sections 4/6; FIR cannot be quashed at preliminary stage on affidavit defence evidence; reliance on State of Bihar v. P.P. Sharma, 1992 Supp (1) SCC 222; liberty to raise grounds before Superintendent of Police, East Champaran and Investigating Officer; charge-sheet/final form only after considering petitioner's application; application dismissed; oral order dated 15-07-2024; Sandeep Kumar, J.
What did the court decide?
In view of the law laid down by the Hon'ble Supreme Court in State of Bihar v. P.P. Sharma (1992 Supp (1) SCC 222), this application cannot be considered at this stage and the F.I.R. cannot be quashed by seeing the affidavit evidence and the defence of O.P. No. 02.