VISHNU KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the first information report ( for short 'FIR') of Madhaura P. S. Case No. 323 of 2019 dated 30.05.2019 registered under Section 364 of the Indian Penal Code and Section 3(1)(s)(x) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act').

(2.) Learned counsel for the petitioner submitted that the informant has maliciously instituted the instant case against the petitioner. He contended that no occurrence as alleged in the written report submitted by the informant Amit Kumar had ever taken place. The falsity of the case would be evident from the fact that though the occurrence of offence had taken place on 27.05.2019, the written report in this regard was submitted to the Officer-in-charge of SC/ST Police Station after three days on 30.05.2019 without giving any plausible reason for the undue delay caused in institution of the FIR.

(3.) Per contra, learned counsel appearing for the State submitted that the alleged three days delay caused in institution of the FIR cannot be a ground on the basis of which an FIR attracting the ingredients of a cognizable offence may be quashed. The allegations made in the FIR are quite serious. It has specifically been alleged in the written report submitted by the informant that on 27.05.2019, in the evening at about 7 p.m., the petitioner called the mother of the informant for the purpose of cooking and kidnapped her. When the informant made inquiry from the petitioner regarding the whereabouts of his mother, he abused him by taking his caste name 'Chamar'. He contended that the written report was submitted recently on 30.05.2019. The case is still under investigation. Hence, it cannot be said that the prosecution launched against the petitioner is malicious.