GIRISH PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to GP 5 for the respondents.

(2.) The petitioner has filed the instant application for quashing the FIR of Phulwaria P.S. Case no. 49 of 2020 registered under Sec. 188 and 353 of the Indian Penal Code and for other reliefs.

(3.) The prosecution case in brief is that the informant who was posted as the incharge of Phulwaria police station proceeded along with other police personnel at 5.30 pm on 15/4/2020 in the government vehicle to enforce the lock down imposed by the government and for maintenance of law and order. It is stated that the Circle Office of Teghra who was a Magistrate deputed in the area also reached Phulwaria Bazar at about 7.15 pm. At this time the informant saw one person roaming about on the road and who had his office open. On inquiry he disclosed his name as Girish Prasad Gupta (the petitioner herein). On inquiry as to why his office was open, he was admant, started to misbehave with the informant and started using intemperate language. He also started indulging in physical altercation/assault with the informant and the police personnel.