IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16258 of 2008
RAM CHANDAR YADAV
Versus
STATE OF BIHAR
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2 7.7.2008 Heard learned counsel for the petitioner and the counsel
appearing on behalf of the State.
The petitioner has challenged the First Information Report in
which it is alleged that offences under Sections 406, 409, 420, 467, 468 and
120B/34 of the Indian Penal Code have been made out.
The ground for challenging the First Information Report is that
after investigation there is no material to show that the petitioner was involved
in the said occurrence which laid to the filing of the First Information Report.
Learned counsel for the petitioner submits that the chargesheet was submitted in
which the petitioner was not mentioned. It is submitted that after six years the
Police Officer Incharge has issued a non-bailable warrant of arrest and also
processes under Sections 82 and 83 of the Cr.P.C. Learned counsel has stated
that with respect to the other co-accused persons the trial is commenced and the
issuance of non-bailable warrant of arrest is not at all warranted.
Considering all the facts and circumstances and the allegations
made in the First Information Report, I do not think that this is a proper stage in
which the petitioner can pray for quashing of the First Information Report.
However, the petitioner may renew his prayer at the time after the Court below
takes cognizance of the offences or he may file an application for discharge in
the Court below at the proper stage.
This application is dismissed.
Sanjay (Sheema Ali Khan, J.)