MAHTAB ALAM @ DADUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This writ petition has been filed by the petitioner for quashing the first information report (for short 'FIR') of Shikarpur P. S. Case No. 145 of 2016 registered under Ss. 385 and 387 of the Indian Penal Code (for short 'IPC').

(3.) Learned counsel for the petitioner submitted that even if the entire allegations made in the FIR are accepted to be true, no cognizable offence would be attracted. In absence of any cognizable offence, the police have no jurisdiction to institute an FIR and investigate the same. He further submitted that the implication of the petitioner in a criminal case is serious matter and in absence of any material against him, the investigation cannot proceed.