IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.44668 OF 2008
HARISHCHANDRA PASWAN, SON OF LATE RAMDHARI PASWAN, RESIDENT
OF VILLAGE KORIYAM, POST OFFICE PRASADI ENGLISH, DISTRICT
JEHANABAD
VERSUS
1. THE STATE OF BIHAR
2. PUNAM DEVI, WIFE OF KUNDAN PASWAN, RESIDENT OF VILLAGE
SALEMPUR, POLICE STATION HANSPURA, DISTRICT AURANGABAD
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2 01/08/2011 Heard Counsel for the petitioner and the
A.P.P. appearing on behalf of the State.
This application has been filed for quashing
of the entire First Information Report of SC/ST Gaya
Police Station Case No. 11 of 2005 instituted under
Sections 323, 354, 384, 341, 346, 347, 120B of the
Indian Penal Code and Sections 3 (8), (9), (10), (11), (15)
of the Schedule Caste and Schedule Tribes (Prevention
of Atrocities) Act.
Learned Counsel for the petitioner submits
that despite the lapse of six years, the Police has not
submitted final report. He further submits that this
case needs to be quashed on the ground that the
husband of Punam Devi, who is the informant in the
present case, ran away with a sum of Rs. 8 lakhs which
belongs to a particular organization. One Ajay Kumar
has lodged a case being Belaganj Police Station Case
No. 99 of 2005 in which the petitioner is one of the
2
witnesses. Learned Counsel further submits that the
present case is the counter to the case filed against the
Opposite Party No. 2. It is also submitted that it is
malicious and vexatious.
All these aspects of the matter shall be
considered by the Court below at the appropriate stage
of the case. Right now, it is not proper for this Court to
quash the First Information Report as the matter is still
under investigation.
This application is disposed of in the terms
aforesaid.
Anand (Sheema Ali Khan, J.)