LALLU KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Yogesh Chandra Verma, learned senior advocate for the petitioners and Mr. Anil Kumar, learned counsel for the State.

(2.) This application under Article 226 of the Constitution of India has been filed by the petitioners for quashing the First Information Report (for short 'FIR') of Belaganj P.S. Case No.8 of 2018 instituted for the offences punishable inter alia under Sections 302 of the Indian Penal Code, 27 of the Arms Act and different provisions under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. An alternative prayer has also been made by the petitioners to direct the respondents to investigate the case from the angle that the informant is a fake lady and not the wife of late Vinod Paswan.

(3.) Mr. Yogegh Chandra Verma, learned senior advocate appearing for the petitioners submitted that the police have acted illegally in instituting the FIR under Section 154 of the Code of Criminal Procedure on the basis of a report given by a fake lady, who is not the wife of the deceased Vinod Paswan. He contended that the petitioners are absolutely innocent and with ulterior motive, their names have been given by the informant in the FIR. He submitted that in an investigation on the basis of such a malicious FIR is bad in law.