LAWS(PAT)-2002-8-30

SURENDRA CHOUDHARY Vs. STATE OF BIHAR

Decided On August 26, 2002
SURENDRA CHOUDHARY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard.

(2.) Counter-affidavit has been taken on record.

(3.) In relation to F.I.R. No. 9/2000 of Choutarwa P.S., District West Champaran, the present petitioner has come to this Court seeking quashment of the proceedings. The petitioner says that neither the first informant, the son of the kidnapped person said anything against the present petitioner either in his First Information Report and subsequent thereto, nor the kidnapped person namely, Dhrub Singh did speak even a single word against the interest of the petitioner, therefore, the registration of an offence against the present petitioner, his arrest, continuance of the proceedings etc. be held to be absolutely illegal. In support of the petition the petitioner had filed the copy of the First Information Report lodged by Nawal Kishore Singh, son of Dhrub Singh, the supervision note and the statement of Dhrub Singh son of Singhal Singh recorded under S. 164, Cr. P.C. In the counter-reply the respondents have relied upon the statement of said Dhrub Singh recorded under S. 164, Cr. P.C. According to the respondent, a perusal of the said statement would clearly show the involvement of the present petitioner in the alleged offence. I have heard the parties at length and have perused the records.