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Saroj Singh & Ors vs State Of Bihar & Anr on 18 May, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38475 of 2015
Arising Out of PS.Case No. -204 Year- 2014 Thana -KALYANPUR District- SAMASTIPUR

1. Saroj Singh

2. Manoj Singh @ Manoj Kumar Singh

3. Rajeev Singh @ Rajeev Kumar

4. Sanjeev Singh @ Sanjeev Kumar
All are sons of late Ram Balak Singh

5. Rekha Rani singh, w/o late Ram Balak Singh

6. Rita Devi @ Rita Singh, w/o Saroj Singh

7. Ranjana Devi @ Ranjana Singh, w/o Manoj Singh

8. Indu Devi @ Indu Singh, w/o Rajeev Singh
All resident of Village- Kishanpur, Baikunth, P.S, Warisnagar, District Samastipur.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Ekta Singh, D/o Anil Kumar Singh, resident of Village- Vasudeopur, P.S.
Kalyanpur, Distt. Samastipur.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate.
For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 18-05-2018

1. This application under Section 482 of the Code of

Criminal Procedure has been filed for quashing of the First

Information Report of Kalyanpur P.S. Case No. 204 of 2014 instituted

for the offence under Sections 498A, 406 and 379 of the Indian Penal

Code.

2. Heard learned counsel for the petitioners and

learned counsel for the State.

3. Learned counsel for the petitioners has submitted
Patna High Court Cr.M isc. No.38475 of 2015 dt.18-05-2018

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that there is no allegation of any specific overt act against the

petitioners in the First Information Report. The petitioners have been

falsely implicated in this case. The petitioners are government servant

and posted outside the State.

4. Report was called for from the court below which

has been received. From the report it appears that investigation has

already been completed and charge sheet has been submitted. The

case is fixed for framing of charge.

5. As such, the stage of the case has changed. The

charge sheet has already been submitted by the police after

completing the investigation.

6. Therefore, this Court is not inclined to interfere

with the First Information Report at this stage.

7. This Criminal Miscellaneous application is

accordingly disposed off with liberty to the petitioners to raise all the

points as raised in this petition in the court below at the appropriate

stage either at the time of framing of charge or during trial, which will

be considered and disposed of by the Court below in accordance with

law.

(Sanjay Priya, J)
S.Ali/-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 23/05/2018
Transmission 23/05/2018
Date

Patna High Court Cr.M isc. No.38475 of 2015 dt.18-05-2018

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