Shailendra Kumar Kaushik vs The State Of Bihar on 9 July, 2008

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.27923 of 2007
                             SHAILENDRA KUMAR KAUSHIK
                                             Versus
                                   THE STATE OF BIHAR
                                           -----------

9. 09.07.2008 Heard learned counsel for the petitioner and the State.

The petitioner in this application seeks quashing of the first

information report. In pursuance of the Police investigation, charge

sheet has been submitted and cognizance has been taken. On the face

of the first information report, it prima facie makes out a case fit for

trial. What may ultimately happen is not the concern at this stage.

The submission of the counsel for the petitioner that the

allegations were false and frivolous inasmuch as that the electric line

of the petitioner had, in fact, not been disconnected and, therefore,

there was no occasion for him to indulge in theft are question of facts

to be decided in the trial itself on the basis of evidence adduced.

This Court does not find any merit in this application under

Section 482 Cr.P.C. The same is, accordingly, dismissed.

     AKS/                                     (Navin Sinha, J.)