LAWS(PAT)-2017-7-10

NARENDRA BHUSHAN Vs. STATE OF BIHAR

Decided On July 27, 2017
Narendra Bhushan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner, who was the then Civil Surgeon, Madhubani, has invoked the writ jurisdiction of this Court, under Articles 226 and 227 of the Constitution of India, to quash the F.I.R. of Madhubani Town P.S. Case No.98 of 2016 on two grounds, firstly that a bare perusal of the F.I.R. would reveals that no ingredient of alleged offences under Sections 166 & 308 of the Indian Penal Code is made out; rather the F.I.R. discloses no cognizable offence against the petitioner and, secondly on the ground that the same has been lodged due to private grudge of the informant with mala fide and malicious intention.

(3.) Respondent No.3, Dr. Girish Pandey, lodged Madhubani Town P.S. Case No.98 of 2016 against the petitioner with the statement/allegation that the informant is secretary of the Red Cross Society-cum-In-Charge of the Blood Bank, Madhubani. The Blood Bank is running in the campus of Sadar Hospital, Madhubani, since last twenty years. The electric supply to the Blood Bank was being provided by the Sadar Hospital.