Petition to quash FIR alleging assault with lathi during a land dispute and theft of Rs.15,000. The court found no merit in the contention that allegations were omnibus and dismissed the quashing application.
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.31530 of 2023
Arising Out of PS. Case No.-98 Year-2022 Thana- MANPUR District- West Champaran
======================================================
MANOJ KUMAR YADAV @ LORIK YADAV Son of Ramchandra Yadav Resident of Village Bairiya, Ward No. 13, PS-Sahodara, dist-West Champaran. .. ... Petitioner/s Versus
====================================================== Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh For the Opposite Party/s : Mr.Bharat Lal ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
learned APP for the State.
2 . This application has been filed on behalf of the petitioner for quashing of the F.I.R., bearing Manpur P.S. Case No. 98 of 2022 dated 09.06.2022 for the offences punishable under Section 323, 341, 324, 307, 325, 379 and 120B of the Indian Penal Code registered against the petitioner.
3 . As per the prosecution case, on 08.06.2022 at about 13:30 hours the petitioner and the co-accused persons came and started ploughing the Bhatuwa land pertaining Khata No. 47 Khesra 113, 114, 36 which is under the possession of the informant. On being opposed by the informant, all the accused persons started assaulting him with lathi causing head injury. Thereafter, the cousin and uncle of the informant came to rescue him then all the accused person started assaulting them on their
Patna High Court CR. MISC. No.31530 of 2023(4) dt.03-12-2024 2/2
head and neck causing grievous injuries. It is further alleged that all the accused person took away Rs. 15,000/- from the pocket of the informant.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on the baseless ground. It is further submitted that there is case and counter case between the parties. It is further submitted that both the parties are co-villagers and due to dispute the alleged occurrence has taken place. The allegation against the petitioner is general and omnibus in nature.
5 . Learned APP for the State has opposed the quashing application of the petitioner by submitting that the allegations in the F.I.R. prima facie constitute offences against the petitioner.
6 . Considering the facts and circumstances of the case, this Court do not find any merit in the contention of the learned counsel for the petitioner.
7 . Accordingly, the present quashing application is hereby dismissed.
(Chandra Prakash Singh, J)
Jyoti/- U T
1 issue framed by the court
Whether the FIR (Manpur PS Case No. 98 of 2022) under Sections 323, 341, 324, 307, 325, 379 and 120B IPC should be quashed against the petitioner.
7 provisions across 1 enactments
Manoj Kumar Yadav @ Lorik Yadav
The State of Bihar
Ranjeet Yadav
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
