NAGENDRA RAI, SON OF SRI BIKARMA RAI, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA

JUDGEMENT

(1.) By way of the present writ application preferred under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report (for short ‘FIR') of Marhaura P.S. Case No. 316 of 2015 dated 25.08.2015 registered under Sections 189, 186 and 353 of the Indian Penal Code (for short ‘IPC').

(2.) It is submitted by the learned counsel for the petitioner that offences punishable under Sections 189 and 186 of the IPC are non-cognisable offences and in the light of allegations made in the FIR, the ingredients of the offence punishable under Sec. 353 of the Penal Code are not attracted. Advancing his argument, learned counsel for the petitioner has submitted that in a non-cognisable offence, no FIR can be instituted, unless there is a direction in this regard by a court of Magistrate.

(3.) Mr. Jitendra Kumar, learned assistant counsel to AAG-14 appearing on behalf of the State submits that the allegations made in the FIR do attract ingredients of a cognisable offence.