High CourtsSingle Bench(2010) 04 PAT CK 0074

Gaurishanker vs The State of Bihar, J. Sujata, Branch Manager, State Bank of India, Hajipur Branch and Surendra Kumar Rai, Inspector of Police

Patna High Court · Decided on 26 April 2010

HON’BLE JUDGES
Rakesh Kumar, J
RESULT
Dismissed

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Judgment

5 paragraphs · 267 words

Rakesh Kumar, J.—While invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure, the sole petitioner has virtually prayed for quashing of the F.I.R. No. 172 of 1999 dated 14.6.1999 in Town P.S., District Vaishali for the offence under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

2.

On perusal of the F.I.R., which is Annexure-1 to the petition, it is evident that the petitioner and one another had visited State Bank of India along with forged Bank Drafts and after noticing that the drafts were forged, the police was called for lodging F.I.R. and investigating the said occurrence and on the basis of written information given by the Chief lanager of the State Bank of India, Hajipur Vaishali Town P.S. Case No. 172 of 1999 was registered on 14.6.1999 for the offences under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. ON perusal of the F.I.R. itself, it is clear that the F.I.R. discloses commission of the offences. Moreover, while invoking inherent jurisdiction of this Court u/s 482 of the Cr.P.C. the petitioner was not entitled to make a prayer for quashing of the F.I.R. In absence of pendency of any proceeding before the court, the petitioner, on ill advice, had filed the present petition.

3.

I do not find any merit in the present petition and, accordingly, petition stands rejected.

4.

In view of rejection of the present petition, the interim order of stay dated 9.3.2000 stands automatically vacated.

5.

Let a copy of this order be sent to the court below forthwith.