RAMASHRAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS have prayed for quashing of Khagaria Police Station Case no.301 of 2008 registered under Section 268/420 of the IPC and 3/4 of Bihar Ban on Lottery Act, 1983.

(2.) S .I., Rajendra Prasad Yadav of Town Police Station (Informant) as per direction of the Superintendent of Police under the leadership of Sub -divisional Police Officer participated during conduction of raid at the House - cum -Tea Stall of Ramashray Yadav on 15.06.2008 at about 02:50 P.M. and recovered 25 packets of lotter y ticket belonging to 'Diamond Government of Sikkim'. Because of the fact that no document was shown therefore Ramashray Yadav along with Manish Kumar were apprehended while Raghubansh Prasad Yadav and Raj Kumar @ Raju succeeded in their escape. Further it has been averred that on search 58 Kg. of 'Diamond Dear' lottery ticket was seized from the house of Raghubansh Prasad Yadav cash appertaining to Rs.67,170/ - was also seized therefrom. One Ramjeevan Yadav, the tea vendor was also apprehended. It is also evident that after concluding investigation, charge sheet had already been submitted.

(3.) IT has further been submitted that submission of charge sheet is no way hindrance in exercising power of the court with regard to quashing of FIR even after conclusion of investigation as has been held by the Hon'ble Apex Court in Joseph Salvaraj A. Vs. State of Gujarat & Ors. reported in 2011 (4) PLJR (SC) 31.